Sec.  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)  If  an Environmental Assessment is required under  Sec. 1.1307 of this
   chapter,  the  Bureau will address the environmental concerns prior to
   processing the registration.

   (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]