Sec.  23.39   Antenna structures.

   

   (a) FAA notification. Before the construction of new antenna
   structures or alteration in the height of existing antenna structures
   is authorized by the FCC, a Federal Aviation Administration (FAA)
   determination of "no hazard" may be required. To apply for this
   determination, the FAA must be notified of the planned construction.
   Criteria used to determine whether FAA notification is required for a
   particular antenna structure are contained in part 17 of this chapter.
   Applications proposing construction of one or more new antenna
   structures or alteration of the overall height of one or more existing
   antenna structures, where FAA notification prior to such construction
   or alteration is not required by part 17 of this chapter, must
   indicate such and, unless the reason is obvious (e.g. structure height
   is less than 6.10 meters AGL) must contain a statement explaining why
   FAA notification is not required.

   (b) Painting and lighting. The owner of each antenna structure
   required to be painted and/or illuminated under the provisions of
   Section 303(q) of the Communications Act of 1934, as amended, shall
   operate and maintain the antenna structure painting and lighting in
   accordance with part 17 of this chapter. In the event of default by
   the owner, each licensee or permittee shall be individually
   responsible for conforming to the requirements pertaining to antenna
   structure painting and lighting.

   (c) Antenna Structure Registration Number. Applications proposing
   construction of one or more new antenna structures or alteration of
   the overall height of one or more existing structures, where FAA
   notification prior to such construction or alteration is required by
   part 17 of this chapter, must include the FCC Antenna Structure
   Registration Number(s) for the affected structure(s). If no such
   number has been assigned at the time the application is filed, the
   applicant must state in the application whether or not the antenna
   structure owner has notified the FAA of the proposed construction or
   alteration and applied to the FCC for an Antenna Structure
   Registration Number in accordance with part 17 of this chapter for the
   antenna structure in question.

   [ 61 FR 4366 , Feb. 6, 1996]