§ 1.30004   Notice of tower construction or modification near AM stations.

   (a) Proponents of proposed tower construction or significant
   modification to an existing tower near an AM station that are subject
   to the notification requirement in § § 1.30002 and 1.30003 shall provide
   notice of the proposed tower construction or modification to the AM
   station at least 30 days prior to commencement of the planned tower
   construction or modification. Notice shall be provided to any AM
   station that is licensed or operating under Program Test Authority
   using the official licensee information and address listed in CDBS or
   any successor database. Notification to an AM station and any responses
   may be oral or written. If such notification and/or response is oral,
   the party providing such notification or response must supply written
   documentation of the communication and written documentation of the
   date of communication upon request of the other party to the
   communication or the Commission. Notification must include the relevant
   technical details of the proposed tower construction or modification.
   At a minimum, the notification should include the following:

   (1) Proponent's name and address. Coordinates of the tower to be
   constructed or modified.

   (2) Physical description of the planned structure.

   (3) Results of the analysis showing the predicted effect on the AM
   pattern, if performed.

   (b) Response to a notification should be made as quickly as possible,
   even if no technical problems are anticipated. Any response to a
   notification indicating a potential disturbance of the AM radiation
   pattern must specify the technical details and must be provided to the
   proponent within 30 days. If no response to notification is received
   within 30 days, the proponent may proceed with the proposed tower
   construction or modification.

   (c) The 30-day response period is calculated from the date of receipt
   of the notification by the AM station. If notification is by mail, this
   date may be ascertained by:

   (1) The return receipt on certified mail;

   (2) The enclosure of a card to be dated and returned by the recipient;
   or

   (3) A conservative estimate of the time required for the mail to reach
   its destination, in which case the estimated date when the 30-day
   period would expire shall be stated in the notification.

   (d) An expedited notification period (less than 30 days) may be
   requested when deemed necessary by the proponent. The notification
   shall be identified as “expedited” and the requested response date
   shall be clearly indicated. The proponent may proceed with the proposed
   tower construction or modification prior to the expiration of the
   30-day notification period only upon receipt of written concurrence
   from the affected AM station (or oral concurrence, with written
   confirmation to follow).

   (e) To address immediate and urgent communications needs in the event
   of an emergency situation involving essential public services, public
   health, or public welfare, a tower proponent may erect a temporary new
   tower or make a temporary significant modification to an existing tower
   without prior notice to potentially affected nearby AM stations,
   provided that the tower proponent shall provide written notice to such
   AM stations within five days of the construction or modification of the
   tower and shall cooperate with such AM stations to promptly remedy any
   pattern distortions that arise as a consequence of such construction.

   [ 78 FR 66295 , Nov. 5, 2013]

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Subpart CC—State and Local Review of Applications for Wireless Service
Facility Modification

   Source:  80 FR 1269 , Jan. 8, 2015, unless otherwise noted.

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