§ 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  § 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 § 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.

   (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;

   (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); or

   (vii) For the construction or deployment of an antenna structure that will:

   (A) Be in place for no more than 60 days,

   (B) Requires notice of construction to the FAA,

   (C) Does not require marking or lighting under FAA regulations,

   (D) Will be less than 200 feet in height above ground level, and

   (E) Will either involve no excavation or involve excavation only where the
   depth  of previous disturbance exceeds the proposed construction depth
   (excluding footings and other anchoring mechanisms) by at least two feet. An
   applicant that relies on this exception must wait 30 days after removal of
   the antenna structure before relying on this exception to deploy another
   antenna structure covering substantially the same service area.

   (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  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:  http://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.

   (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.

   (i)   Absent  Commission  specification,  the  painting  and  lighting
   specifications recommended by the FAA are mandatory (see § 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.

   [ 61 FR 4362 , Feb. 6, 1996, as amended at  77 FR 3953 , Jan. 26, 2012;  79 FR 56985 , Sept. 24, 2014;  80 FR 1270 , Jan. 8, 2015]

   Effective Date Note: At  80 FR 1270 , Jan. 8, 2015, § 17.4 was amended by
   adding paragraph (c)(1)(vii). Paragraph (c)(1)(vii) contains information
   collection and recordkeeping requirements and will not become effective
   until approval has been given by the Office of Management and Budget.

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