§ 1.30004   Notice of tower construction or modification near AM stations.

   (a) Proponents of proposed tower construction or significant modification to
   an existing tower near an AM station that are subject to the notification
   requirement in § § 1.30002 and 1.30003 shall provide notice of the proposed
   tower construction or modification to the AM station at least 30 days prior
   to commencement of the planned tower construction or modification. Notice
   shall be provided to any AM station that is licensed or operating under
   Program Test Authority using the official licensee information and address
   listed in CDBS or any successor database. Notification to an AM station and
   any responses may be oral or written. If such notification and/or response
   is oral, the party providing such notification or response must supply
   written documentation of the communication and written documentation of the
   date of communication upon request of the other party to the communication
   or the Commission. Notification must include the relevant technical details
   of  the proposed tower construction or modification. At a minimum, the
   notification should include the following:

   (1) Proponent's name and address. Coordinates of the tower to be constructed
   or modified.

   (2) Physical description of the planned structure.

   (3) Results of the analysis showing the predicted effect on the AM pattern,
   if performed.

   (b) Response to a notification should be made as quickly as possible, even
   if no technical problems are anticipated. Any response to a notification
   indicating a potential disturbance of the AM radiation pattern must specify
   the technical details and must be provided to the proponent within 30 days.
   If no response to notification is received within 30 days, the proponent may
   proceed with the proposed tower construction or modification.

   (c) The 30-day response period is calculated from the date of receipt of the
   notification by the AM station. If notification is by mail, this date may be
   ascertained by:

   (1) The return receipt on certified mail;

   (2) The enclosure of a card to be dated and returned by the recipient; or

   (3) A conservative estimate of the time required for the mail to reach its
   destination, in which case the estimated date when the 30-day period would
   expire shall be stated in the notification.

   (d) An expedited notification period (less than 30 days) may be requested
   when deemed necessary by the proponent. The notification shall be identified
   as “expedited” and the requested response date shall be clearly indicated.
   The  proponent  may  proceed  with  the proposed tower construction or
   modification prior to the expiration of the 30-day notification period only
   upon receipt of written concurrence from the affected AM station (or oral
   concurrence, with written confirmation to follow).

   (e) To address immediate and urgent communications needs in the event of an
   emergency situation involving essential public services, public health, or
   public welfare, a tower proponent may erect a temporary new tower or make a
   temporary significant modification to an existing tower without prior notice
   to  potentially  affected  nearby AM stations, provided that the tower
   proponent shall provide written notice to such AM stations within five days
   of the construction or modification of the tower and shall cooperate with
   such AM stations to promptly remedy any pattern distortions that arise as a
   consequence of such construction.

   [ 78 FR 66295 , Nov. 5, 2013]

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Subpart CC—State and Local Review of Applications for Wireless Service Facility
Modification

   Source:  80 FR 1269 , Jan. 8, 2015, unless otherwise noted.

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