Report No. DC95-11         ACTION IN DOCKET CASE           January 12, 1995

     
     FCC PROPOSES STREAMLINING ANTENNA STRUCTURE CLEARANCE PROCEDURE;
            REVISING PART 17 OF RULES CONCERNING CONSTRUCTION,
                MARKING, AND LIGHTING OF ANTENNA STRUCTURES
                          (GEN. DOCKET NO. 95-5)

     The Commission has instituted a proceeding to streamline its
antenna structure clearance procedure and to revise Part 17 of
the Commission's rules concerning construction, marking, and
lighting of antenna structures.  By instituting this proceeding,
the Commission seeks to significantly reduce the number of
filings requesting changes to antenna structures; expedite
application and notification processing; and, increase safety in
air navigation.

     The Commission has proposed to simplify the current antenna
structure clearance process with rules requiring registration by
antenna structure owners, rather than by licensees using the
structures, as authorized by Congress (Pub.L. No. 102-538).  The
Commission proposed that licensees remain responsible for
compliance with all tower rules, but on a secondary basis, to
ensure compliance if the tower owner fails to correct any
violation. 

     Currently, the Commission's antenna clearance process
requires identifying the location and height of each antenna
structure that is either more than 60.96 meters (200 feet) above
ground or that may interfere with a nearby airport runway, and
obtaining a determination from the Federal Aviation
Administration (FAA) as to whether the structure is a potential
hazard to air navigation.  The FAA may recommend that the tower
be permitted to be built only to a lower height, recommend
painting and lighting specifications for structures that are
potential hazards, or both.  The FCC imposes the FAA
specifications as requirements on the authorization of each
licensee using the structure. 

     In 1993 alone, the Commission reviewed approximately 17,000
such applications and notifications, many of which reported
changes to the same antenna structure.  The Commission believes
that its antenna structure clearance process should be modified
to significantly reduce the number of repetitive applications
filed thus decreasing burdens on the communications industry.

                                  (over)                                    -2-

     In order to simplify the clearance process, the Commission
proposed revising FCC Form 854 to provide a specific application 
for registration to be filed by the antenna structure owner,
instead of each licensee or permittee.  The registration will 
set forth coordinates, height, a unique registration number, and
painting and/or lighting specifications, where applicable.  The
revised FCC Form 854 will also be used by the antenna structure
owner to: 1) reflect an increase or decrease in the height of the
structure; 2) correct coordinates; 3) reflect a change in
existing painting and lighting specifications; 4) notify the FCC
of the dismantling of the structure; or 5) notify the FCC of a
change of ownership.

     In revising FCC Form 854, the Commission emphasized that
antenna structure registration will not in any way constitute a
Commission authorization to transmit radio signals from the
structure, or relieve the owner of responsibility for compliance
with applicable local or state laws.

     Additionally, the Commission proposed revising Part 17 of
its rules to reflect changes to two FAA Advisory Circular (AC
70/7460-H, August 1991, and AC 150/5345-43D, July 1988) regarding
painting and lighting antenna structures.  Also, the Commission
would implement statutory language holding antenna structure
owners primarily responsible for compliance with FCC painting and
lighting specifications.

     Action by the Commission January 12, 1995, by Notice of
Proposed Rulemaking (FCC 95-16).  Chairman  Hundt, Commissioners
Quello, Barrett, Ness, and Chong.


                                   -FCC-

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