§ 1.61   Procedures for handling applications requiring special aeronautical
study.

   (a)  Antenna  Structure  Registration  is  conducted  by  the Wireless
   Telecommunications Bureau as follows:

   (1)  Each antenna structure owner that must notify the FAA of proposed
   construction using FAA Form 7460-1 shall, upon proposing new or modified
   construction,  register  that  antenna  structure  with  the  Wireless
   Telecommunications Bureau using FCC Form 854.

   (2) In accordance with § 1.1307 and § 17.4(c) of this chapter, the Bureau will
   address any environmental concerns prior to processing the registration.

   (3) 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.

   (4) 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 licensee authorized to locate on 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 § 17.4(g) of this chapter.

   (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.

   (b) Each operating Bureau or Office examines the applications for Commission
   authorization for which it is responsible to ensure compliance with FAA
   notification procedures as well as Commission Antenna Structure Registration
   as follows:

   (1) If Antenna Structure Registration is required, the operating Bureau
   reviews the application for the Antenna Structure Registration Number and
   proceeds as follows:

   (i) If the application contains the Antenna Structure Registration Number or
   if the applicant seeks a Cellular or PCS system authorization, the operating
   Bureau processes the application.

   (ii) If the application does not contain the Antenna Structure Registration
   Number,  but  the  structure owner has already filed FCC Form 854, the
   operating Bureau places the application on hold until Registration can be
   confirmed, so long as the owner exhibits due diligence in filing.

   (iii) If the application does not contain the Antenna Structure Registration
   Number, and the structure owner has not filed FCC Form 854, the operating
   Bureau notifies the applicant that FCC Form 854 must be filed and places the
   application on hold until Registration can be confirmed, so long as the
   owner exhibits due diligence in filing.

   (2) If Antenna Structure Registration is not required, the operating Bureau
   processes the application.

   (c)  Where  one  or more antenna farm areas have been designated for a
   community  or  communities (see § 17.9 of this chapter), an application
   proposing the erection of an antenna structure over 1,000 feet in height
   above ground to serve such community or communities will not be accepted for
   filing unless:

   (1) It is proposed to locate the antenna structure in a designated antenna
   farm area, or

   (2)  It  is  accompanied  by  a  statement  from  the Federal Aviation
   Administration that the proposed structure will not constitute a menace to
   air navigation, or

   (3)  It  is  accompanied by a request for waiver setting forth reasons
   sufficient, if true, to justify such a waiver.

   Note:  By Commission Order (FCC 65-455),  30 FR 7419 , June 5, 1965, the
   Commission issued the following policy statement concerning the height of
   radio and television antenna towers:

   “We have concluded that this objective can best be achieved by adopting the
   following policy: Applications for antenna towers higher than 2,000 feet
   above ground will be presumed to be inconsistent with the public interest,
   and the applicant will have a burden of overcoming that strong presumption.
   The  applicant  must accompany its application with a detailed showing
   directed to meeting this burden. Only in the exceptional case, where the
   Commission concludes that a clear and compelling showing has been made that
   there are public interest reasons requiring a tower higher than 2,000 feet
   above  ground, and after the parties have complied with applicable FAA
   procedures, and full Commission coordination with FAA on the question of
   menace to air navigation, will a grant be made. Applicants and parties in
   interest will, of course, be afforded their statutory hearing rights.”

   [ 28 FR 12415 , Nov. 22, 1963, as amended at  32 FR 8813 , June 21, 1967;  32 FR 20860 , Dec. 28, 1967;  34 FR 6481 , Apr. 15, 1969;  45 FR 55201 , Aug. 19, 1980;
    58 FR 13021 , Mar. 9, 1993,  61 FR 4361 , Feb. 6, 1996;  77 FR 3952 , Jan. 26,
   2012;  79 FR 56984 , Sept. 24, 2014]

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