The owner must maintain the painting and/or lighting required for an antenna structure in accordance with the specifications assigned to the structure by the FCC upon registration.
These specifications will not change unless the FAA recommends new specifications for the structure due to an increase in overall height, a change in site coordinates, or an error in the originally submitted site data.
This applies regardless of the information contained in past, present, or future versions of the FAA Advisory Circulars.
The FCC generally assigns painting and lighting requirements, at registration, according to the FAA's "determination" for a structure (also known as the FAA Study). The FAA Study references FAA Advisory Circular AC 70/7460-1, "Obstruction Marking and Lighting." This Advisory Circular and AC 150/53-5345-43, "Specification for Obstruction Lighting Equipment," are presently incorporated by reference in the FCC Rules. Regardless of the general specifications listed in the FCC Rules, however, the owner must maintain painting and lighting in accordance with the specifications assigned to the structure at registration. Note: Before you attempt to obtain a copy of AC 70/7460-1, "Obstruction Marking and Lighting," check your Registration (Form 854-R) for the specific version that is required for your antenna structure. In turn, AC 70/7460-1 references a specific version of AC 150/53-5345-43, "Specification for Obstruction Lighting Equipment."
Certain existing structures have been assigned "FCC Paragraphs," instead of chapters from FAA Advisory Circulars. For these structures, the assigned FCC Paragraphs (which outline specific painting and lighting requirements) will be printed directly on the Registration. Although the FCC Forms 715/715A, which provided a comprehensive listing of all FCC Paragraphs, are no longer in print, we've included the paragraphs here for your information.
The FCC will not change the required painting and/or lighting specifications for existing structures upon registration unless a new FAA study is required. Prior to registration, existing structures must be maintained in accordance with any painting and/or lighting specifications originally assigned to the structure by the FCC. This applies regardless of the general specifications listed in the FCC Rules.
For existing, unregistered structures, the FCC may require the applicant to submit a copy of the original FAA determination of "no hazard" (in addition to the FAA Study number) if we do not have a record of such a determination. If the original determination is unavailable, the FCC may require the owner to request that the structure be re-studied by the FAA prior to issuing a Registration.
If multiple valid FAA determinations exist for a structure, the FCC will look to the determination cited by the antenna structure owner in its registration application when assigning painting and lighting specifications. The owner must then comply with the FCC-assigned specifications (even if they require a modification of existing painting and lighting on the antenna structure).
The Enforcement Bureau's Technical & Public Safety Division monitors antenna structures for compliance with assigned painting and lighting requirements, as well as for overall compliance with the Antenna Structure Registration rules. The Bureau routinely posts the text of recent enforcement actions - such as notices of apparent liability (NALs) and forfeiture orders - on their website.
Complaints alleging violation of the Commission's rules regarding registration, marking and lighting of antenna structures should be sent to the Federal Communications Commission, Enforcement Bureau, Technical & Public Safety Division, 45 L Street NE, Washington, DC 20554.