§ 17.6   Responsibility for painting and lighting compliance.

   (a) The antenna structure owner is responsible for maintaining the painting
   and  lighting  in accordance with this part. However, if a licensee or
   permittee authorized on an antenna structure is aware that the structure is
   not being maintained in accordance with the specifications set forth on the
   Antenna Structure Registration (FCC Form 854R) or the requirements of this
   part, or otherwise has reason to question whether the antenna structure
   owner is carrying out its responsibility under this part, the licensee or
   permittee must take immediate steps to ensure that the antenna structure is
   brought into compliance and remains in compliance. The licensee must:

   (1) Immediately notify the structure owner;

   (2) Immediately notify the site management company (if applicable);

   (3) Immediately notify the Commission; and,

   (4)  Make  a  diligent  effort to immediately bring the structure into
   compliance.

   (b) In the event of non-compliance by the antenna structure owner, the
   Commission may require each licensee and permittee authorized on an antenna
   structure to maintain the structure, for an indefinite period, in accordance
   with the Antenna Structure Registration (FCC Form 854R) and the requirements
   of this part.

   (c) 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
   § 17.4(f), and for posting the registration number as required by § 17.4(g).

   [ 61 FR 4363 , Feb. 6, 1996, as amended at  79 FR 56985 , Sept. 24, 2014]

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Subpart B—Federal Aviation Administration Notification Criteria

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