§ 15.717 47 CFR Ch. I (10–1–20 Edition)

§ 27.4 of this chapter, and to allow the § 0.459 of this chapter. This public no- removal and replacement of registra- tice will include proposed test proce- tion information in the database when dures and methodologies. corrections or updates are necessary. (ii) The Commission will conduct lab- (o) Remove from the database the oratory and field tests of the pre-pro- registrations of fixed white space de- duction device. This testing will be vices that have not checked the data- conducted to evaluate proof of per- base for at least three months to up- formance of the device, including char- date their channel lists. A database ad- acterization of its sensing capability ministrator may charge a new registra- and its interference potential. The tion fee for a fixed white space device testing will be open to the public. that is removed from the database (iii) Subsequent to the completion of under this provision but is later re-reg- testing, the Commission will issue by istered. public notice, a test report including (p) Establish procedures to allow recommendations. The public notice health care facilities to register the lo- will specify a minimum of 30 days for cations of facilities where they operate comments and, if any objections are re- WMTS networks on channel 37. ceived, an additional 15 days for reply (q) Establish procedures to allow un- comments. licensed microphone users in the 600 MHz band to register with the (b) Power limit for devices that rely on database and to provide lists of chan- sensing. The white space device shall nels available for wireless microphones meet the requirements for personal/ at a given location. portable devices in this subpart except that it will be limited to a maximum [80 FR 73070, Nov. 23, 2015, as amended at 81 EIRP of 50 mW per 6 megahertz of FR 4975, Jan. 29, 2016] bandwidth on which the device oper- § 15.717 White space devices that rely ates and it does not have to comply on spectrum sensing. with the requirements for geo-location and database access in § 15.711(b), (d), (a) Par- Applications for certification. and (e). Compliance with the detection ties may submit applications for cer- threshold for spectrum sensing in tification of white space devices that § 15.717(c), although required, is not rely solely on spectrum sensing to necessarily sufficient for dem- identify available channels. Devices onstrating reliable interference avoid- authorized under this section must ance. Once a device is certified, addi- demonstrate with an extremely high tional devices that are identical in degree of confidence that they will not electrical characteristics and cause harmful interference to incum- systems may be certified under the bent services. procedures of part 2, Subpart J of this (1) In addition to the procedures in chapter. subpart J of part 2 of this chapter, ap- plicants shall comply with the fol- (c) Sensing requirements—(1) Detection lowing. threshold. (i) The required detection (i) The application must include a thresholds are: ¥ full explanation of how the device will (A) ATSC digital TV signals: 114 protect incumbent authorized services dBm, averaged over a 6 MHz band- against interference. width; (ii) Applicants must submit a pre- (B) NTSC analog TV signals: ¥114 production device, identical to the de- dBm, averaged over a 100 kHz band- vice expected to be marketed. width; (2) The Commission will follow the (C) Low power auxiliary, including procedures below for processing appli- wireless microphone, signals: ¥107 cations pursuant to this section. dBm, averaged over a 200 kHz band- (i) Applications will be placed on width. public notice for a minimum of 30 days (ii) The detection thresholds are ref- for comments and 15 days for reply erenced to an omnidirectional receive comments. Applicants may request antenna with a gain of 0 dBi. If a re- that portions of their application re- ceive antenna with a minimum direc- main confidential in accordance with tional gain of less than 0 dBi is used,

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the detection threshold shall be re- 17.14–17.17 [Reserved] duced by the amount in dB that the minimum directional gain of the an- Subpart C—Specifications for Obstruction tenna is less than 0 dBi. Minimum di- Marking and Lighting of Antenna rectional gain shall be defined as the Structures in the direction and at 17.21 Painting and lighting, when required. the frequency that exhibits the least 17.22 [Reserved] gain. Alternative approaches for the 17.23 Specifications for painting and light- sensing antenna are permitted, e.g., ing antenna structures. electronically rotatable antennas, pro- 17.24 Existing structures. vided the applicant for equipment au- 17.25–17.45 [Reserved] 17.47 Inspection of antenna structure lights thorization can demonstrate that its and associated control equipment. sensing antenna provides at least the 17.48 Notification of extinguishment or im- same performance as an proper functioning of lights. omnidirectional antenna with 0 dBi 17.49 Recording of antenna structure light gain. inspections in the owner record. (2) Channel availability check time. A 17.50 Cleaning and repainting. white space device may start operating 17.51 [Reserved] on a TV channel if no TV, wireless 17.53 Lighting equipment and paint. 17.54 Rated lamp voltage. microphone or other low power auxil- 17.56 Maintenance of lighting equipment. iary device signals above the detection 17.57 Report of radio transmitting antenna threshold are detected within a min- construction, alteration, and/or removal. imum time interval of 30 seconds. 17.58 [Reserved] (3) In-service monitoring. A white AUTHORITY: 47 U.S.C. 154, 301, 303, 309. space device must perform in-service monitoring of an operating channel at Subpart A—General Information least once every 60 seconds. There is no minimum channel availability check § 17.1 Basis and purpose. time for in-service monitoring. (a) The rules in this part are issued (4) Channel move time. After a TV, pursuant to the authority contained in wireless microphone or other low Title III of the Communications Act of power auxiliary device signal is de- 1934, as amended, which vest authority tected on a white space device oper- in the Federal Communications Com- ating channel, all transmissions by the mission to issue licenses to radio sta- white space device must cease within tions when it is found that the public two seconds. interest, convenience, and necessity would be served thereby, and to require PART 17—CONSTRUCTION, MARK- the painting, and/or illumination of an- ING, AND LIGHTING OF AN- tenna structures if and when in its TENNA STRUCTURES judgment such structures constitute, or there is reasonable possibility that Subpart A—General Information they may constitute, a menace to air navigation. Sec. 17.1 Basis and purpose. (b) The purpose of this part is to pre- 17.2 Definitions. scribe certain procedures for antenna 17.4 Antenna structure registration. structure registration and standards 17.5 Commission consideration of applica- with respect to the Commission’s con- tions for station authorization. sideration of proposed antenna struc- 17.6 Responsibility for painting and lighting tures which will serve as a guide to an- compliance. tenna structure owners. Subpart B—Federal Aviation Administration [61 FR 4362, Feb. 6, 1996, as amended at 79 FR Notification Criteria 56984, Sept. 24, 2014] 17.7 Antenna structures requiring notifica- § 17.2 Definitions. tion to the FAA. 17.8 Establishment of antenna farm areas. (a) Antenna structure. The term an- 17.9 Designated antenna farm areas. tenna structure means a structure that 17.10 Antenna structures over 304.80 meters is constructed or used to transmit (1,000 feet) in height. radio energy, or that is constructed or

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used for the primary purpose of sup- mission. If the FAA exempts an an- porting antennas to transmit and/or re- tenna structure from notification, it is ceive radio energy, and any antennas exempt from the requirement that it and other appurtenances mounted register with the Commission. (See thereon, from the time construction of § 17.7(e) for exemptions to FAA notifi- the supporting structure begins until cation requirements.) such time as the supporting structure (1) For a proposed antenna structure is dismantled. or alteration of an existing antenna (b) Antenna farm area. A geographical structure, the owner must register the location, with established boundaries, structure prior to construction or al- designated by the Federal Communica- teration. tions Commission, in which antenna (2) For a structure that did not origi- structures with a common impact on nally fall under the definition of ‘‘an- aviation may be grouped. tenna structure,’’ the owner must reg- (c) Antenna structure owner. For the ister the structure prior to hosting a purposes of this part, an antenna struc- Commission licensee. ture owner is the individual or entity (b) Except as provided in paragraph vested with ownership, equitable own- (e) of this section, each owner of an an- ership, dominion, or title to the an- tenna structure described in paragraph tenna structure that is constructed or (a) of this section must file FCC Form used to transmit radio energy, or the 854 with the Commission. Additionally, underlying antenna structure that sup- each owner of a proposed structure re- ports or is intended to support anten- ferred to in paragraph (a) of this sec- nas and other appurtenances. Notwith- tion must submit a valid FAA deter- standing any agreements made be- mination of ‘‘no hazard.’’ In order to be tween the owner and any entity des- considered valid by the Commission, ignated by the owner to maintain the the FAA determination of ‘‘no hazard’’ antenna structure, the owner is ulti- must not have expired prior to the date mately responsible for compliance with on which FCC Form 854 is received by the requirements of this part. the Commission. The height of the (d) Antenna structure registration num- structure will be the highest point of ber. A unique number, issued by the the structure including any obstruc- Commission during the registration tion lighting or lightning arrester. If process, which identifies an antenna an antenna structure is not required to structure. Once obtained, this number be registered under paragraph (a) of must be used in all filings related to this section and it is voluntarily reg- this structure. istered with the Commission after the [32 FR 8813, June 21, 1967, and 32 FR 11268, effective date of this rule, the reg- Aug. 3, 1967, as amended at 39 FR 26157, July istrant must note on FCC Form 854 17, 1974; 61 FR 4362, Feb. 6, 1996; 79 FR 56984, that the registration is voluntary. Vol- Sept. 24, 2014] untarily registered antenna structures are not subject to the lighting and § 17.4 Antenna structure registration. marking requirements contained in (a) The owner of any proposed or ex- this part. isting antenna structure that requires (c) Each prospective applicant must notice of proposed construction to the complete the environmental notifica- Federal Aviation Administration tion process described in this para- (FAA) due to physical obstruction graph, except as specified in paragraph must register the structure with the (c)(1) of this section. Commission. (See § 17.7 for FAA notifi- (1) Exceptions from the environmental cation requirements.) This includes notification process. Completion of the those structures used as part of sta- environmental notification process is tions licensed by the Commission for not required when FCC Form 854 is sub- the transmission of radio energy, or to mitted solely for the following pur- be used as part of a cable poses: head end system. If a Federal Govern- (i) For notification only, such as to ment antenna structure is to be used report a change in ownership or con- by a Commission licensee, the struc- tact information, or the dismantle- ture must be registered with the Com- ment of an antenna structure;

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(ii) For a reduction in height of an (vii) For the construction or deploy- antenna structure or an increase in ment of an antenna structure that will: height that does not constitute a sub- (A) Be in place for no more than 60 stantial increase in size as defined in days, paragraph I(C)(1)–(3) of Appendix B to (B) Requires notice of construction part 1 of this chapter, provided that to the FAA, there is no construction or excavation (C) Does not require marking or more than 30 feet beyond the existing lighting under FAA regulations, antenna structure property; (D) Will be less than 200 feet in (iii) For removal of lighting from an height above ground level, and antenna structure or adoption of a (E) Will either involve no excavation more preferred or equally preferred or involve excavation only where the lighting style. For this purpose light- depth of previous disturbance exceeds ing styles are ranked as follows (with the proposed construction depth (ex- the most preferred lighting style listed cluding footings and other anchoring first and the least preferred listed last): mechanisms) by at least two feet. An no lights; FAA Lighting Styles that do applicant that relies on this exception not involve use of red steady lights; must wait 30 days after removal of the and FAA Lighting Styles that involve antenna structure before relying on use of red steady lights. A complete de- this exception to deploy another an- scription of each FAA Lighting Style tenna structure covering substantially and the manner in which it is to be de- the same service area. ployed can be found in the current (2) Commencement of the environmental version of FAA, U.S. Dept. of Transpor- notification process. The prospective ap- tation, Advisory Circular: Obstruction plicant shall commence the environ- Marking and Lighting, AC 70/7460; mental notification process by filing (iv) For replacement of an existing information about the proposed an- antenna structure at the same geo- tenna structure with the Commission. graphic location that does not require This information shall include, at a an Environmental Assessment (EA) minimum, all of the information re- under § 1.1307(a) through (d) of this quired on FCC Form 854 regarding own- chapter, provided the new structure ership and contact information, geo- will not use a less preferred lighting graphic location, and height, as well as style, there will be no substantial in- the type of structure and anticipated crease in size as defined in paragraph lighting. The Wireless Telecommuni- I(C)(1)–(3) of Appendix B to part 1 of cations Bureau may utilize a partially this chapter, and there will be no con- completed FCC Form 854 to collect this struction or excavation more than 30 information. feet beyond the existing antenna struc- (3) Local notice. The prospective ap- ture property; plicant must provide local notice of the (v) For any other change that does proposed new antenna structure or not alter the physical structure, light- modification of an existing antenna ing, or geographic location of an exist- structure through publication in a ing structure; newspaper of general circulation or (vi) For construction, modification, other appropriate means, such as or replacement of an antenna structure through the public notification provi- on Federal land where another Federal sions of the relevant local proc- agency has assumed responsibility for ess. The local notice shall contain all evaluating the potentially significant of the descriptive information as to ge- environmental effect of the proposed ographic location, configuration, antenna structure on the quality of the height and anticipated lighting speci- human environment and for invoking fications reflected in the submission any required environmental impact required pursuant to paragraph (c)(2) of statement process, or for any other this section. It must also provide infor- structure where another Federal agen- mation as to the procedure for inter- cy has assumed such responsibilities ested persons to file Requests for envi- pursuant to a written agreement with ronmental processing pursuant to the Commission (see § 1.1311(e) of this §§ 1.1307(c) and 1.1313(b) of this chapter, chapter); or including any assigned file number,

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and state that such Requests may only detail the reasons supporting Request- raise environmental concerns. er’s contentions. (4) National notice. On or after the (6) Amendments. The prospective ap- local notice date provided by the pro- plicant must file an amendment to re- spective applicant, the Commission port any substantial change in the in- shall post notification of the proposed formation provided to the Commission. construction on its Web site. This post- An amendment will not require further ing shall include the information con- local or national notice if the only re- tained in the initial filing with the ported change is a reduction in the Commission or a link to such informa- height of the proposed new or modified tion. The posting shall remain on the antenna structure; if proposed lighting Commission’s Web site for a period of is removed or changed to a more pre- 30 days. ferred or equally preferred lighting (5) Requests for environmental proc- style as set forth in paragraph essing. Any Request filed by an inter- (c)(1)(iii) of this section; or if the ested person pursuant to §§ 1.1307(c) and amendment reports only administra- 1.1313(b) of this chapter must be re- tive changes that are not subject to the ceived by the Commission no later requirements specified in this para- than 30 days after the proposed an- graph. All other changes to the phys- tenna structure goes on notice pursu- ical structure, lighting, or geographic ant to paragraph (c)(4) of this section. location data for a proposed registered The Wireless Bu- antenna structure require additional local and national notice and a new pe- reau shall establish by public notice riod for filing Requests pursuant to the process for filing Requests for envi- paragraphs (c)(3), (c)(4), and (c)(5) of ronmental processing and responsive this section. pleadings consistent with the following (7) Environmental Assessments. If an provisions. Environmental Assessment (EA) is re- (i) Service and pleading cycle. The in- quired under § 1.1307 of this chapter, the terested person or entity shall serve a antenna structure registration appli- copy of its Request on the prospective cant shall attach the EA to its environ- ASR applicant pursuant to § 1.47 of this mental submission, regardless of any chapter. Oppositions may be filed no requirement that the EA also be at- later than 10 days after the time for fil- tached to an associated service-specific ing Requests has expired. Replies to op- license or construction permit applica- positions may be filed no later than 5 tion. The contents of an EA are de- days after the time for filing opposi- scribed in §§ 1.1308 and 1.1311 of this tions has expired. Oppositions shall be chapter. The EA may be provided ei- served upon the Requester, and replies ther with the initial environmental shall be served upon the prospective submission or as an amendment. If the applicant. EA is submitted as an amendment, the (ii) Content. An Environmental Re- Commission shall post notification on quest must state why the interested its Web site for another 30 days pursu- person or entity believes that the pro- ant to paragraph (c)(4) of this section posed antenna structure or physical and accept additional Requests pursu- modification of an existing antenna ant to paragraph (c)(5) of this section. structure may have a significant im- However, additional local notice pursu- pact on the quality of the human envi- ant to paragraph (c)(3) of this section ronment for which an Environmental shall not be required unless informa- Assessment must be considered by the tion has changed pursuant to para- Commission as required by § 1.1307 of graph (c)(6) of this section. The appli- this chapter, or why an Environmental cant shall serve a copy of the EA upon Assessment submitted by the prospec- any party that has previously filed a tive ASR applicant does not adequately Request pursuant to paragraph (c)(5) of evaluate the potentially significant en- this section. vironmental effects of the proposal. (8) Disposition. The processing Bureau The Request must be submitted as a shall resolve all environmental issues, written petition filed either electroni- in accordance with the environmental cally or by hard copy setting forth in regulations (47 CFR 1.1301 through

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1.1319) specified in part 1 of this chap- tion number as required by paragraph ter, before the tower owner, or the first (g) of this section. tenant licensee acting on behalf of the (f) The Commission shall issue to the owner, may complete the antenna registrant FCC Form 854R, Antenna structure registration application. In a Structure Registration, which assigns case where no EA is submitted, the Bu- a unique Antenna Structure Registra- reau shall notify the applicant whether tion Number. The antenna structure an EA is required under § 1.1307(c) or (d) owner shall immediately provide to all of this chapter. In a case where an EA tenant licensees and permittees notifi- is submitted, the Bureau shall either cation that the structure has been reg- grant a Finding of No Significant Im- istered, along with either a copy of pact (FONSI) or notify the applicant Form 854R or the Antenna Structure that further environmental processing Registration Number and a link to the is required pursuant to § 1.1308 of this FCC antenna structure Web site: http:// chapter. Upon filing the completed an- wireless.fcc.gov/antenna/. This notifica- tenna structure registration applica- tion may be done electronically or via tion, the applicant shall certify that paper mail. the construction will not have a sig- (g) Except as described in paragraph nificant environmental impact, unless (h) of this section, the Antenna Struc- an Environmental Impact Statement is ture Registration Number must be dis- prepared pursuant to § 1.1314 of this played so that it is conspicuously visi- chapter. ble and legible from the publicly acces- (9) Transition rule. An antenna struc- sible area nearest the base of the an- ture registration application that is tenna structure along the publicly ac- pending with the Commission as of the cessible roadway or path. Where an an- effective date of this paragraph (c) tenna structure is surrounded by a pe- shall not be required to complete the rimeter fence, or where the point of ac- environmental notification process set cess includes an access gate, the An- forth in this paragraph. The Commis- tenna Structure Registration Number sion will publish a document in the should be posted on the perimeter fence FEDERAL REGISTER announcing the ef- or access gate. Where multiple antenna fective date. However, if such an appli- structures having separate Antenna cation is amended in a manner that Structure Registration Numbers are lo- would require additional notice pursu- cated within a single fenced area, the ant to paragraph (c)(6) of this section, Antenna Structure Registration Num- then such notice shall be required. bers must be posted both on the perim- (d) If a final FAA determination of eter fence or access gate and near the ‘‘no hazard’’ is not submitted along base of each antenna structure. If the with FCC Form 854, processing of the base of the antenna structure has more registration may be delayed or dis- than one point of access, the Antenna approved. Structure Registration Number must (e) If the owner of the antenna struc- be posted so that it is visible at the ture cannot file FCC Form 854 because publicly accessible area nearest each it is subject to a denial of Federal ben- such point of access. Materials used to efits under the Anti-Drug Abuse Act of display the Antenna Structure Reg- 1988, 21 U.S.C. 862, the first tenant li- istration Number must be weather-re- censee authorized to locate on the sistant and of sufficient size to be eas- structure (excluding tenants that no ily seen where posted. longer occupy the structure) must reg- (h) The owner is not required to post ister the structure using FCC Form 854, the Antenna Structure Registration and provide a copy of the Antenna Number in cases where a federal, state, Structure Registration (FCC Form or local government entity provides 854R) to the owner. The owner remains written notice to the owner that such a responsible for providing to all tenant posting would detract from the appear- licensees and permittees notification ance of a historic landmark. In this that the structure has been registered, case, the owner must make the An- consistent with paragraph (f) of this tenna Structure Registration Number section, and for posting the registra- available to representatives of the

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Commission, the FAA, and the general ing and lighting in accordance with public upon reasonable demand. this part. However, if a licensee or per- (i) Absent Commission specification, mittee authorized on an antenna struc- the painting and lighting specifications ture is aware that the structure is not recommended by the FAA are manda- being maintained in accordance with tory (see § 17.23). However, the Commis- the specifications set forth on the An- sion may specify painting and/or light- tenna Structure Registration (FCC ing requirements for each antenna Form 854R) or the requirements of this structure registration in addition to or part, or otherwise has reason to ques- different from those specified by the tion whether the antenna structure FAA. owner is carrying out its responsibility (j) Any change or correction in the under this part, the licensee or per- overall height of one foot or greater or mittee must take immediate steps to coordinates of one second or greater in longitude or latitude of a registered an- ensure that the antenna structure is tenna structure requires prior approval brought into compliance and remains from the FAA and modification of the in compliance. The licensee must: existing registration with the Commis- (1) Immediately notify the structure sion. owner; (k) Any change in the marking and (2) Immediately notify the site man- lighting that varies from the specifica- agement company (if applicable); tions described on any antenna struc- (3) Immediately notify the Commis- ture registration requires prior ap- sion; and, proval from the FAA and the Commis- (4) Make a diligent effort to imme- sion. diately bring the structure into com- [61 FR 4362, Feb. 6, 1996, as amended at 77 FR pliance. 3953, Jan. 26, 2012; 79 FR 56985, Sept. 24, 2014; (b) In the event of non-compliance by 80 FR 1270, Jan. 8, 2015] the antenna structure owner, the Com- EFFECTIVE DATE NOTE: At 80 FR 1270, Jan. mission may require each licensee and 8, 2015, § 17.4(c)(1)(vii) was added. This para- permittee authorized on an antenna graph contains information collection and structure to maintain the structure, recordkeeping requirements and will not be- for an indefinite period, in accordance come effective until approval has been given by the Office of Management and Budget. with the Antenna Structure Registra- tion (FCC Form 854R) and the require- § 17.5 Commission consideration of ap- ments of this part. plications for station authorization. (c) If the owner of the antenna struc- (a) Applications for station author- ture cannot file FCC Form 854 because ization, excluding services authorized it is subject to a denial of Federal ben- on a geographic basis, are reviewed to efits under the Anti-Drug Abuse Act of determine whether there is a require- 1988, 21 U.S.C. 862, the first tenant li- ment that the antenna structure in censee authorized to locate on the question must be registered with the structure (excluding tenants that no Commission. longer occupy the structure) must reg- (b) If registration is required, the ister the structure using FCC Form 854, registrant must supply the structure’s and provide a copy of the Antenna registration number upon request by Structure Registration (FCC Form the Commission. 854R) to the owner. The owner remains (c) If registration is not required, the responsible for providing to all tenant application for authorization will be licensees and permittees notification processed without further regard to that the structure has been registered, this chapter. consistent with § 17.4(f), and for posting [61 FR 4362, Feb. 6, 1996] the registration number as required by § 17.4(g). § 17.6 Responsibility for painting and lighting compliance. [61 FR 4363, Feb. 6, 1996, as amended at 79 FR (a) The antenna structure owner is 56985, Sept. 24, 2014] responsible for maintaining the paint-

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Subpart B—Federal Aviation (4) An airport or heliport with at Administration Notification Criteria least one FAA-approved instrument ap- proach procedure. § 17.7 Antenna structures requiring (e) A notification to the FAA is not notification to the FAA. required for any of the following con- struction or alteration: A notification to the FAA is re- (1) Any object that will be shielded quired, except as set forth in paragraph by existing structures of a permanent (e) of this section, for any of the fol- and substantial nature or by natural lowing construction or alteration: terrain or topographic features of equal (a) Any construction or alteration of or greater height, and will be located more than 60.96 meters (200 feet) in in the congested area of a city, town, height above ground level at its site. or settlement where the shielded struc- (b) Any construction or alteration ture will not adversely affect safety in that exceeds an imaginary surface ex- air navigation; tending outward and upward at any of (2) Any air navigation facility, air- the following slopes: port visual approach or landing aid, (1) 100 to 1 for a horizontal distance aircraft arresting device, or meteoro- of 6.10 kilometers (20,000 feet) from the logical device meeting FAA-approved nearest point of the nearest runway of siting criteria or an appropriate mili- each airport described in paragraph (d) tary service siting criteria on military of this section with its longest runway airports, the location and height of more than 0.98 kilometers (3,200 feet) in which are fixed by its functional pur- actual length, excluding heliports. pose; (2) 50 to 1 for a horizontal distance of (3) Any antenna structure of 6.10 me- 3.05 kilometers (10,000 feet) from the ters (20 feet) or less in height, except nearest point of the nearest runway of one that would increase the height of each airport described in paragraph (d) another antenna structure. of this section with its longest runway NOTE TO § 17.7: Consideration to aero- no more than 0.98 kilometers (3,200 nautical facilities not in existence at the feet) in actual length, excluding heli- time of the filing of the application for radio ports. facilities will be given only when proposed (3) 25 to 1 for a horizontal distance of airport construction or improvement plans 1.52 kilometers (5,000 feet) from the are on file with the Federal Aviation Admin- nearest point of the nearest landing istration as of the filing date of the applica- tion for such radio facilities. and takeoff area of each heliport de- scribed in paragraph (d) of this section. [39 FR 7581, Feb. 27, 1974, as amended at 39 (c) When requested by the FAA, any FR 26157, July 17, 1974; 42 FR 54823, Oct. 11, 1977; 42 FR 57127, Nov. 1, 1977; 79 FR 56986, construction or alteration that would Sept. 24, 2014] be in an instrument approach area (de- fined in the FAA standards governing § 17.8 Establishment of antenna farm instrument approach procedures) and areas. available information indicates it (a) Each antenna farm area will be might exceed an obstruction standard established by an appropriate rule- of the FAA. making proceeding, which may be com- (d) Any construction or alteration on menced by the Commission on its own any of the following airports and heli- motion after consultation with the ports: FAA, upon request of the FAA, or as a (1) A public use airport listed in the result of a petition filed by any inter- Airport/Facility Directory, Alaska ested person. After receipt of a petition Supplement, or Pacific Chart Supple- from an interested person disclosing ment of the U.S. Government Flight sufficient reasons to justify institution Information Publications; of a rulemaking proceeding, the Com- (2) A military airport under construc- mission will request the advice of the tion, or an airport under construction FAA with respect to the considerations that will be available for public use; of menace to air navigation in terms of (3) An airport operated by a Federal air safety which may be presented by agency or the United States Depart- the proposal. The written communica- ment of Defense. tion received from the FAA in response

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to the Commission’s request shall be tenna location of an existing station placed in the Commission’s public rule- proposing the erection of an antenna making file containing the petition, structure over 304.80 meters (1,000 feet) and interested persons shall be allowed above ground unless: a period of 30 days within which to file (a) It is proposed to locate the an- statements with respect thereto. Such tenna structure in a designated an- statements shall also be filed with the tenna farm area, or Administrator of the FAA with proof of (b) It is accompanied by a statement such filing to be established in accord- from the Federal Aviation Administra- ance with § 1.47 of this chapter. The Ad- ministrator of the FAA shall have a pe- tion that the proposed structure will riod of 15 days within which to file re- not constitute a menace to air naviga- sponses to such statements. If the tion, or Commission, upon consideration of the (c) It is accompanied by a request for matters presented to it in accordance waiver setting forth reasons sufficient, with the above procedure, is satisfied if true, to justify such a waiver. that establishment of the proposed an- [32 FR 8813, June 21, 1967, as amended at 42 tenna farm would constitute a menace FR 54824, Oct. 11, 1977; 61 FR 4363, Feb. 6, to air navigation for reasons of air 1996] safety, rulemaking proceedings will not be instituted. If rulemaking pro- §§ 17.14–17.17 [Reserved] ceedings are instituted, any person fil- ing comments therein which concern Subpart C—Specifications for Ob- the question of whether the proposed antenna farm will constitute a menace struction Marking and Lighting to air navigation shall file a copy of of Antenna Structures the comments with the Administrator of the FAA. Proof of such filing shall § 17.21 Painting and lighting, when re- be established in accordance with § 1.47 quired. of this chapter. Antenna structures shall be painted (b) Nothing in this subpart shall be and lighted when: construed to mean that only one an- (a) Their height exceeds any obstruc- tenna farm area will be designated for tion standard requiring notification to a community. The Commission will the FAA (see § 17.4(a) and § 17.7). consider on a case-by-case basis wheth- (b) The Commission may modify the er or not more than one antenna farm above requirement for painting and/or area shall be designated for a par- lighting of antenna structures, when it ticular community. is shown by the applicant that the ab- [32 FR 8813, June 21, 1967, as amended at 32 sence of such marking would not im- FR 13591, Sept. 28, 1967] pair the safety of air navigation, or that a lesser marking requirement § 17.9 Designated antenna farm areas. would insure the safety thereof. The areas described in the following (c) An antenna installation is of such paragraphs of this section are estab- a nature that its painting and lighting lished as antenna farm areas [appro- specifications in accordance with the priate paragraphs will be added as nec- FAA airspace recommendation are con- essary]. fusing, or endanger rather than assist [32 FR 8813, June 21, 1967] airmen, or are otherwise inadequate. In these cases, the Commission will speci- § 17.10 Antenna structures over 304.80 fy the type of painting and lighting or meters (1,000 feet) in height. other marking to be used for the par- Where one or more antenna farm ticular structure. areas have been designated for a com- munity or communities (see § 17.9), the [32 FR 11269, Aug. 3, 1967, as amended at 42 Commission will not accept for filing FR 54824, Oct. 11, 1977; 79 FR 56986, Sept. 24, an application to construct a new sta- 2014] tion or to increase height or change an-

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§ 17.22 [Reserved] lights and to provide indication of such failure to the owner. § 17.23 Specifications for painting and (b) Shall inspect at intervals not to lighting antenna structures. exceed 3 months all automatic or me- Unless otherwise specified by the chanical control devices, indicators, Commission, each new or altered an- and alarm systems associated with the tenna structure must conform to the antenna structure lighting to insure FAA’s painting and lighting specifica- that such apparatus is functioning tions set forth in the FAA’s final deter- properly. mination of ‘‘no hazard’’ and the asso- (c) Is exempt from paragraph (b) of ciated FAA study for that particular this section for any antenna structure structure. For purposes of this part, monitored by a system that the Wire- any specifications, standards, and gen- less Telecommunications Bureau has eral requirements set forth by the FAA determined includes self-diagnostic in the structure’s determination of ‘‘no features sufficient to render quarterly hazard’’ and the associated FAA study inspections unnecessary, upon certifi- are mandatory. Additionally, each an- cation of use of such system to the Bu- tenna structure must be painted and reau. lighted in accordance with any paint- ing and lighting requirements pre- [61 FR 4363, Feb. 6, 1996, as amended at 79 FR scribed on the antenna structure’s reg- 56986, Sept. 24, 2014] istration, or in accordance with any other specifications provided by the § 17.48 Notification of extinguishment Commission. or improper functioning of lights. The owner of any antenna structure [79 FR 56986, Sept. 24, 2014] which is registered with the Commis- § 17.24 Existing structures. sion and has been assigned lighting specifications referenced in this part: No change to painting or lighting cri- (a) Shall report immediately to the teria or relocation of airports shall at FAA, by means acceptable to the FAA, any time impose a new restriction any observed or otherwise known ex- upon any then existing or authorized tinguishment or improper functioning antenna structure or structures, unless the FAA issues a new determination of of any top steady burning light or any ‘‘no hazard’’ and associated FAA study flashing obstruction light, regardless of for the particular structure. its position on the antenna structure, not corrected within 30 minutes. If the [79 FR 56986, Sept. 24, 2014] lights cannot be repaired within the FAA’s Notices to Airmen (NOTAM) pe- §§ 17.25–17.45 [Reserved] riod, the owner shall notify the FAA to § 17.47 Inspection of antenna structure extend the outage date and report a re- lights and associated control equip- turn-to-service date. The owner shall ment. repeat this process until the lights are The owner of any antenna structure repaired. Such reports shall set forth which is registered with the Commis- the condition of the light or lights, the sion and has been assigned lighting circumstances which caused the fail- specifications referenced in this part: ure, the probable date for restoration (a)(1) Shall make an observation of of service, the FCC Antenna Structure the antenna structure’s lights at least Registration Number, the height of the once each 24 hours either visually or by structure (AGL and AMSL if known) observing an automatic properly main- and the name, title, address, and tele- tained indicator designed to register phone number of the person making any failure of such lights, to insure the report. Further notification to the that all such lights are functioning FAA by means acceptable to the FAA properly as required; or alternatively, shall be given immediately upon re- (2) Shall provide and properly main- sumption of normal operation of the tain an automatic alarm system de- light or lights. signed to detect any failure of such

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(b) An extinguishment or improper § 17.51 [Reserved] functioning of a steady burning side in- termediate light or lights, shall be cor- § 17.53 Lighting equipment and paint. rected as soon as practicable, but noti- The lighting equipment, color or fil- fication to the FAA of such extinguish- ters, and shade of paint referred to in ment or improper functioning is not re- the specifications are further defined quired. in the following government and/or Army-Navy aeronautical specifica- [32 FR 11273, Aug. 3, 1967, as amended at 39 tions, bulletins, and drawings (lamps FR 26157, July 17, 1974; 40 FR 30267, July 18, are referred to by standard numbers): 1975; 61 FR 4364, Feb. 6, 1996; 79 FR 56986, Sept. 24, 2014] Outside white ...... TT-P-102 1 (Color No. 17875, FS-595). § 17.49 Recording of antenna structure Aviation surface orange ...... TT-P-59 1 (Color No. 12197, light inspections in the owner FS-595). record. Aviation surface orange, TT-E-489 1 (Color No. 12197, enamel. FS-595). The owner of each antenna structure Aviation red obstruction MIL-C-25050 2. light—color. which is registered with the Commis- Flashing beacons ...... CAA-446 3 Code Beacons, sion and has been assigned lighting 300 mm. specifications referenced in this part Do ...... MIL-6273 2. Double and single obstruction L-810 3 (FAA AC No. 150/ must maintain a record of any ob- light. 5345-2 4). served or otherwise known extinguish- Do ...... MIL-L-7830 2. ment or improper functioning of a High intensity white obstruc- FAA/DOD L-856 (FAA AC tion light. No. 150/5345-43B 4). structure light. This record shall be re- 116-Watt lamp ...... No. 116 A21/TS (6,000 h). tained for a period of two years and 125-Watt lamp ...... No. 125 A21/TS (6,000 h). provided to the FCC or its agents upon 620-Watt lamp ...... No. 620 PS-40 (3,000 h). 700-Watt lamp ...... No. 700 PS-40 (6,000 h). request. The record shall include the 1 Copies of this specification can be obtained from the following information for each such Specification Activity, Building 197, Room 301, Naval Weap- event: ons Plant, 1st and N Streets, SE., Washington, D.C. 20407. 2 Copies of Military specifications can be obtained by con- (a) The nature of such extinguish- tacting the Commanding Officer, Naval Publications and ment or improper functioning. Forms Center, 5801 Tabor Ave., Attention: NPPC-105, Phila- delphia, Pa. 19120. (b) The date and time the extinguish- 3 Copies of Federal Aviation Administration specifications may be obtained from the Chief, Configuration Control ment or improper operation was ob- Branch, AAF–110, Department of Transportation, Federal served or otherwise noted. Aviation Administration, 800 Independence Avenue SW., Washington, D.C. 20591. (c) Date and time of FAA notifica- 4 Copies of Federal Aviation Administration advisory circu- tion, if applicable. lars may be obtained from the Department of Transportation, Publications Section, TAD–443.1, 400 7th St. SW., Wash- (d) The date, time and nature of ad- ington, D.C. 20590. justments, repairs, or replacements made. [33 FR 11540, Aug. 14, 1968, as amended at 40 FR 30267, July 18, 1975] [48 FR 38477, Aug. 24, 1983, as amended at 61 FR 4364, Feb. 6, 1996; 79 FR 56987, Sept. 24, § 17.54 Rated lamp voltage. 2014] To insure the necessary lumen out- put by obstruction lights, the rated § 17.50 Cleaning and repainting. voltage of incandescent lamps used Antenna structures requiring paint- shall correspond to be within 3 percent ing under this part shall be cleaned or higher than the voltage across the repainted as often as necessary to lamp socket during the normal hours maintain good visibility. Evaluation of of operation. the current paint status shall be made [42 FR 54826, Oct. 11, 1977] by using the FAA’s In-Service Aviation Orange Tolerance Chart. This chart is § 17.56 Maintenance of lighting equip- based upon the color requirements con- ment. tained in the National Bureau of Replacing or repairing of lights, Standards Report NBSIR 75–663, Color automatic indicators or automatic con- Requirements for the Marking of Ob- trol or alarm systems shall be accom- structions. plished as soon as practicable. [79 FR 56987, Sept. 24, 2014] [79 FR 56986, Sept. 24, 2014]

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