§  17.4   Antenna structure registration.

   (a) Effective July 1, 1996, the owner of any proposed or existing
   antenna structure that requires notice of proposed construction to the
   Federal Aviation Administration must register the structure with the
   Commission. This includes those structures used as part of stations
   licensed by the Commission for the transmission of radio energy, or to
   be used as part of a cable television head end system. If a Federal
   Government antenna structure is to be used by a Commission licensee,
   the structure must be registered with the Commission.

   (1) For a proposed antenna structure or alteration of an existing
   antenna structure, the owner must register the structure prior to
   construction or alteration.

   (2) For an existing antenna structure that had been assigned painting
   or lighting requirements prior to July 1, 1996, the owner must register
   the structure prior to July 1, 1998.

   (3) For a structure that did not originally fall under the definition
   of “antenna structure,” the owner must register the structure prior to
   hosting a Commission licensee.

   (b) Except as provided in paragraph (e) of this section, each owner
   must file FCC Form 854 with the Commission. Additionally, each owner of
   a proposed structure referred to in paragraphs (a)(1) or (a)(3) of this
   section must submit a valid FAA determination of “no hazard.” In order
   to be considered valid by the Commission, the FAA determination of “no
   hazard” must not have expired prior to the date on which FCC Form 854
   is received by the Commission. The height of the structure will include
   the highest point of the structure including any obstruction lighting
   or lighting arrester.

   (c) Each prospective applicant must complete the environmental
   notification process described in this paragraph, except as specified
   in paragraph (c)(1) of this section.

   (1) Exceptions from the environmental notification process. Completion
   of the environmental notification process is not required when FCC Form
   854 is submitted solely for the following purposes:

   (i) For notification only, such as to report a change in ownership or
   contact information, or the dismantlement of an antenna structure;

   (ii) For a reduction in height of an antenna structure or an increase
   in height that does not constitute a substantial increase in size as
   defined in paragraph I(C)(1)-(3) of Appendix B to part 1 of this
   chapter, provided that there is no construction or excavation more than
   30 feet beyond the existing antenna structure property;

   (iii) For removal of lighting from an antenna structure or adoption of
   a more preferred or equally preferred lighting style. For this purpose
   lighting styles are ranked as follows (with the most preferred lighting
   style listed first and the least preferred listed last): no lights; FAA
   Lighting Styles that do not involve use of red steady lights; and FAA
   Lighting Styles that involve use of red steady lights. A complete
   description of each FAA Lighting Style and the manner in which it is to
   be deployed can be found in the current version of FAA, U.S. Dept. of
   Transportation, Advisory Circular: Obstruction Marking and Lighting, AC
   70/7460;

   (iv) For replacement of an existing antenna structure at the same
   geographic location that does not require an Environmental Assessment
   (EA) under §  1.1307(a) through (d) of this chapter, provided the new
   structure will not use a less preferred lighting style, there will be
   no substantial increase in size as defined in paragraph I(C)(1)-(3) of
   Appendix B to part 1 of this chapter, and there will be no construction
   or excavation more than 30 feet beyond the existing antenna structure
   property;

   (v) For any other change that does not alter the physical structure,
   lighting, or geographic location of an existing structure; or

   (vi) For construction, modification, or replacement of an antenna
   structure on Federal land where another Federal agency has assumed
   responsibility for evaluating the potentially significant environmental
   effect of the proposed antenna structure on the quality of the human
   environment and for invoking any required environmental impact
   statement process, or for any other structure where another Federal
   agency has assumed such responsibilities pursuant to a written
   agreement with the Commission. See §  1.1311(e) of this chapter.

   (2) Commencement of the environmental notification process. The
   prospective applicant shall commence the environmental notification
   process by filing information about the proposed antenna structure with
   the Commission. This information shall include, at a minimum, all of
   the information required on FCC Form 854 regarding ownership and
   contact information, geographic location, and height, as well as the
   type of structure and anticipated lighting. The Wireless
   Telecommunications Bureau may utilize a partially completed FCC Form
   854 to collect this information.

   (3) Local notice. The prospective applicant must provide local notice
   of the proposed new antenna structure or modification of an existing
   antenna structure through publication in a newspaper of general
   circulation or other appropriate means, such as through the public
   notification provisions of the relevant local zoning process. The local
   notice shall contain all of the descriptive information as to
   geographic location, configuration, height and anticipated lighting
   specifications reflected in the submission required pursuant to
   paragraph (c)(2) of this section. It must also provide information as
   to the procedure for interested persons to file Requests for
   environmental processing pursuant to § §  1.1307(c) and 1.1313(b) of this
   chapter, including any assigned file number, and state that such
   Requests may only raise environmental concerns.

   (4) National notice. On or after the local notice date provided by the
   prospective applicant, the Commission shall post notification of the
   proposed construction on its Web site. This posting shall include the
   information contained in the initial filing with the Commission or a
   link to such information. The posting shall remain on the Commission's
   Web site for a period of 30 days.

   (5) Requests for environmental processing. Any Request filed by an
   interested person pursuant to § §  1.1307(c) and 1.1313(b) of this
   chapter must be received by the Commission no later than 30 days after
   the proposed antenna structure goes on notice pursuant to paragraph
   (c)(4) of this section. The Wireless Telecommunications Bureau shall
   establish by public notice the process for filing Requests for
   environmental processing and responsive pleadings consistent with the
   following provisions.

   (i) Service and pleading cycle. The interested person or entity shall
   serve a copy of its Request on the prospective ASR applicant pursuant
   to §  1.47 of this chapter. Oppositions may be filed no later than 10
   days after the time for filing Requests has expired. Replies to
   oppositions may be filed no later than 5 days after the time for filing
   oppositions has expired. Oppositions shall be served upon the
   Requester, and replies shall be served upon the prospective applicant.

   (ii) Content. An Environmental Request must state why the interested
   person or entity believes that the proposed antenna structure or
   physical modification of an existing antenna structure may have a
   significant impact on the quality of the human environment for which an
   Environmental Assessment must be considered by the Commission as
   required by §  1.1307 of this chapter, or why an Environmental
   Assessment submitted by the prospective ASR applicant does not
   adequately evaluate the potentially significant environmental effects
   of the proposal. The Request must be submitted as a written petition
   filed either electronically or by hard copy setting forth in detail the
   reasons supporting Requester's contentions.

   (6) Amendments. The prospective applicant must file an amendment to
   report any substantial change in the information provided to the
   Commission. An amendment will not require further local or national
   notice if the only reported change is a reduction in the height of the
   proposed new or modified antenna structure; if proposed lighting is
   removed or changed to a more preferred or equally preferred lighting
   style as set forth in paragraph (c)(1)(iii) of this section; or if the
   amendment reports only administrative changes that are not subject to
   the requirements specified in this paragraph. All other changes to the
   physical structure, lighting, or geographic location data for a
   proposed registered antenna structure require additional local and
   national notice and a new period for filing Requests pursuant to
   paragraphs (c)(3), (c)(4), and (c)(5) of this section.

   (7) Environmental Assessments. If an Environmental Assessment (EA) is
   required under §  1.1307 of this chapter, the antenna structure
   registration applicant shall attach the EA to its environmental
   submission, regardless of any requirement that the EA also be attached
   to an associated service-specific license or construction permit
   application. The contents of an EA are described in § §  1.1308 and
   1.1311 of this chapter. The EA may be provided either with the initial
   environmental submission or as an amendment. If the EA is submitted as
   an amendment, the Commission shall post notification on its Web site
   for another 30 days pursuant to paragraph (c)(4) of this section and
   accept additional Requests pursuant to paragraph (c)(5) of this
   section. However, additional local notice pursuant to paragraph (c)(3)
   of this section shall not be required unless information has changed
   pursuant to paragraph (c)(6) of this section. The applicant shall serve
   a copy of the EA upon any party that has previously filed a Request
   pursuant to paragraph (c)(5) of this section.

   (8) Disposition. The processing Bureau shall resolve all environmental
   issues, in accordance with the environmental regulations (47 CFR 1.1301
   through 1.1319) specified in part 1 of this chapter, before the tower
   owner, or the first tenant licensee acting on behalf of the owner, may
   complete the antenna structure registration application. In a case
   where no EA is submitted, the Bureau shall notify the applicant whether
   an EA is required under §  1.1307(c) or (d) of this chapter. In a case
   where an EA is submitted, the Bureau shall either grant a Finding of No
   Significant Impact (FONSI) or notify the applicant that further
   environmental processing is required pursuant to §  1.1308 of this
   chapter. Upon filing the completed antenna structure registration
   application, the applicant shall certify that the construction will not
   have a significant environmental impact, unless an Environmental Impact
   Statement is prepared pursuant to §  1.1314 of this chapter.

   (9) Transition rule. An antenna structure registration application that
   is pending with the Commission as of the effective date of this
   paragraph (c) shall not be required to complete the environmental
   notification process set forth in this paragraph. The Commission will
   publish a document in the   Federal Register   announcing the effective
   date. However, if such an application is amended in a manner that would
   require additional notice pursuant to paragraph (c)(6) of this section,
   then such notice shall be required.

   (d) If a final FAA determination of “no hazard” is not submitted along
   with FCC Form 854, processing of the registration may be delayed or
   disapproved.

   (e) If the owner of the antenna structure cannot file FCC Form 854
   because it is subject to a denial of Federal benefits under the
   Anti-Drug Abuse Act of 1988, 21 U.S.C. 862, the first tenant licensee
   authorized to locate on the structure (excluding tenants that no longer
   occupy the structure) must register the structure using FCC Form 854,
   and provide a copy of the Antenna Structure Registration (FCC Form
   854R) to the owner. The owner remains responsible for providing a copy
   of FCC Form 854R to all tenant licensees on the structure and for
   posting the registration number as required by paragraph (g) of this
   section.

   (f) The Commission shall issue, to the registrant, FCC Form 854R,
   Antenna Structure Registration, which assigns a unique Antenna
   Structure Registration Number. The structure owner shall immediately
   provide a copy of Form 854R to each tenant licensee and permittee.

   (g) Except as described in paragraph (h) of this section, the Antenna
   Structure Registration Number must be displayed in a conspicuous place
   so that it is readily visible near the base of the antenna structure.
   Materials used to display the Antenna Structure Registration Number
   must be weather-resistant and of sufficient size to be easily seen at
   the base of the antenna structure.

   (h) The owner is not required to post the Antenna Structure
   Registration Number in cases where a federal, state, or local
   government entity provides written notice to the owner that such a
   posting would detract from the appearance of a historic landmark. In
   this case, the owner must make the Antenna Structure Registration
   Number available to representatives of the Commission, the FAA, and the
   general public upon reasonable demand.

   [ 61 FR 4362 , Feb. 6, 1996, as amended at  77 FR 3953 , Jan. 26, 2012]

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