§  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 § 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]