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American Tower Corporation's Request For A Waiver of Section 17.47(b)

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Released: January 24, 2014

Federal Communications Commission

News Media Information 202 / 418-0500
445 12th St., S.W.
Fax-On-Demand 202 / 418-2830
TTY 202 / 418-2555

Washington, D.C. 20554


DA 14-84

Released: January 24, 2014



WT Docket No. 10-88

Comment Date: February 14, 2014
Reply Comment Date: February 21, 2014

On September 17, 2013, American Tower Corporation (“ATC”) filed a request for a complete
waiver of Section 17.47(b) of the Commission’s Rules, 47 C.F.R. § 17.47(b) (“ATC Waiver Request”).1
Section 17.47(b) provides that the owner of any antenna structure that is registered with the Commission
and has been assigned lighting specifications pursuant to Part 17 “[s]hall inspect at intervals not to
exceed 3 months all automatic or mechanical control devices, indicators, and alarm systems associated
with the antenna structure lighting to insure that such apparatus is functioning properly.”2 ATC was
previously granted a partial waiver of the rule, permitting it to make annual rather than quarterly
inspections, predicated on its use of its robust, continuous remote tower monitoring system.3 In its
waiver request, ATC argues that “[a] complete waiver would relieve ATC of its existing obligation to
make annual on-site inspections of towers, an obligation that no longer serves any discernable purpose,
and would further the public interest by encouraging other tower owners to implement technologically
advanced monitoring systems.”4 By this Public Notice, we invite interested parties to file comments on
the above Request for Waiver filed by ATC. We note that the Commission has released a Notice of
Proposed Rulemaking seeking comment on proposed changes to Part 17 of the Commission’s rules and
any determination regarding the above Request for Waiver is subject to any rule changes that the
Commission may promulgate in that proceeding.5

1 In the Matter of American Tower Corporation Request for Waiver of 47 C.F.R. § 17.47, Request for Waiver,
dated and filed September 17, 2013 (ATC Waiver Request).
2 47 C.F.R. § 17.47(b).
3 In the Matter of Requests of American Tower Corporation and Global Signal, Inc., to Waive Section 17.47(b) of
the Commission’s Rules, WT Docket No. 05-326, Memorandum Opinion and Order, 22 FCC Rcd 9743 (2007).
4 ATC Waiver Request at 1.
5 In the Matter of Amendments to Modernize and Clarify Part 17 of the Commission’s Rules Concerning
Construction, Marking and Lighting of Antenna Structures, WT Docket No. 10-88, RM 11349, Notice of Proposed
, 25 FCC Rcd 3982, 75 FR 28517 (2010).

A copy of the waiver request can be found in the docket file. Pursuant to sections 1.415 and
1.419 of the Commission’s rules6 interested parties may file comments and reply comments on or before
the dates indicated above. All such filings should refer to

WT Docket No 10-88

. Comments may be
filed using the Commission’s Electronic Comment Filing System (ECFS). See Electronic Filing of
Documents in Rulemaking Proceedings
, 63 FR 24121 (1998).
Electronic Filers: Comments may be filed electronically using the Internet by accessing the
Paper Filers: Parties that choose to file by paper must file an original and one copy of each
filing. If more than one docket or rulemaking number appears in the caption of this proceeding,
filers must submit two additional copies for each additional docket or rulemaking number.
Filings can be sent by hand or messenger delivery, by commercial overnight courier, or by first-
class or overnight U.S. Postal Service mail. All filings must be addressed to the Commission’s
Secretary, Office of the Secretary, Federal Communications Commission.
All hand-delivered or messenger-delivered paper filings for the Commission’s Secretary
must be delivered to FCC Headquarters at 445 12th St., SW, Room TW-A325,
Washington, DC 20554. The filing hours are 8:00 a.m. to 7:00 p.m. All hand deliveries
must be held together with rubber bands or fasteners. Any envelopes and boxes must be
disposed of before entering the building.
Commercial overnight mail (other than U.S. Postal Service Express Mail and Priority
Mail) must be sent to 9300 East Hampton Drive, Capitol Heights, MD 20743.
U.S. Postal Service first-class, Express, and Priority mail must be addressed to 445 12th
Street, SW, Washington DC 20554.
People with Disabilities: To request materials in accessible formats for people with disabilities (braille,
large print, electronic files, audio format), send an e-mail to or call the Consumer &
Governmental Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (tty).
All filings must be addressed to the Commission’s Secretary, Marlene H. Dortch, Office of the
Secretary, Federal Communications Commission, 445 12th Street, SW, Washington, DC 20554. Parties
should also send a copy of their filings to Michael C. Smith, by e-mail to
Parties must also serve one copy with the Commission’s copy contractor, Best Copy and Printing, Inc.
(BCPI), Portals II, 445 12th Street, SW, Room CY-B402, Washington, DC 20554, (202) 488-5300, or via
e-mail to
Documents are available for public inspection and copying during business hours at the FCC
Reference Information Center, Portals II, 445 12th Street, SW, Room CY-A257, Washington, DC 20554.
The documents may also be purchased from BCPI, telephone (202) 488-5300, facsimile (202) 488-5563,
TTY (202) 488-5562, e-mail
Spectrum and Competition Policy Division, Wireless Telecommunications Bureau Contact: Michael C.

6 47 C.F.R §§ 1.415, 1.419.

Smith at (202) 418-0584 or

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