When Entities are planning on erecting or modifying a Antenna there is a process that they must follow before any work can begin on the structure which includes that they must place a notice of new antenna structure registration. This is due to the fact that in December 2011, the Commission issued an Order on Remand which outlines procedural measures to ensure that environmental effects of proposed communications towers, including their impact on migratory birds, are fully considered prior to construction.
To comply with federal environmental statutes, the environmental notification process applies to new tower registrations, and certain modifications of registered towers that may have a significant environmental impact. Applicants submitting an Antenna Structure Registration (ASR) application that is subject to environmental notification must follow a two-part process. The technical details of this process are provided in a Legal Notice prior to the rules taking effect, as outlined in the Order on Remand.
We can help you place your Public and Legal notice in any publication in the United States. Public and Legal Notices are a timeless tradition that act as accessible channels of communication between the general public and the government.
The types of filings that require the environmental notification process are as follows:
1. All new tower registrations, unless another federal agency has taken responsibility for the environmental review, or an emergency waiver is granted.
2. Modifications to existing tower registrations, if an antenna is being placed on an existing tower or non-tower structure, and the placement of the antenna would increase the existing height of the structure by more than 10% or 20 feet, whichever is greater, or if lighting is being added to a previously unlit tower, or if existing lighting is being modified from a more preferred lighting configuration to a less preferred lighting configuration.
3. Amendments to pending applications outlined in 1 and 2 above, if there is any change in the type of structure, or any change in the coordinates of the tower location, or an increase in the overall height of the structure, or a change from a more preferred lighting configuration to a less preferred lighting configuration.
In the United States, the rules for registering antenna structures are located in Part 17 of the Federal Communications Commission Rules (47 C.F.R. 17). These regulations are in place to oversee antenna structures that are higher than 60.96 meters (200 feet) above ground level or that could potentially interfere with nearby airport flight paths, and are regulated by the Federal Aviation Administration (FAA) and the FCC. In 1995, the Commission adopted new rules in a Report and Order that were intended to simplify the registration process and began requiring owners of antenna structures (rather than licensees) to register them with the Commission. In a Memorandum of Opinion and Order on Reconsideration released in 2000, the Commission clarified a number of registration requirements. All registrations must be filed using FCC Form 854.
Once you have submitted the Form 854, it is mandatory to notify the local community about the proposed tower registration. This can be done by placing a Public Notice in a local newspaper. It is important to provide this local notice before or on the date you have chosen for posting the registration on the FCC’s website.
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