This article contains information on providing local and national notice as part of the environmental notification process for the registration of antenna structures.
You must provide local notice of your proposed tower through publication in a local newspaper or other appropriate means, such as by following the local zoning public notice process. The local notice must contain the following information:
- The Form 854 File Number;
- The geographic location, structure type, height, and anticipated lighting for the proposed new or modified structure;
- A statement that interested persons may review the application by going to www.fcc.gov/asr/applications and entering the Form 854 File Number;
- A statement that interested persons may raise environmental concerns about the proposed structure by filing a Request for Environmental Review with the Federal Communications Commission;
- A statement that the Federal Communications Commission strongly encourages interested parties to file Requests for Environmental Review online, and that instructions for making such filings can be found at www.fcc.gov/asr/environmentalrequest; and
- The mailing address for interested parties that would prefer to file a Request for Environmental Review by paper copy: FCC Requests for Environmental Review, Attn: Ramon Williams, 445 12th Street SW, Washington, DC 20554.
Please Note: Providing notice on a website that is not both specifically local and well-known to members of the public as being the equivalent of “a newspaper of general circulation or other appropriate means, such as through the public notification provisions of the relevant local zoning process” does NOT satisfy the local public notice requirement contained in the Commission’s environmental notification rule. See 47 CFR § 17.4(c)(3).
You may provide local notice under both this process and the Commission’s procedures implementing Section 106 of the National Historic Preservation Act (NHPA) through a single publication, provided the notice meets the requirements of both and explains the different procedures for public participation under each of these processes. The requirements for a public notice that satisfies the Commission’s Section 106 procedures can be found in Part V(C) of the Nationwide Programmatic Agreement for Review of Effects on Historic Properties for Certain Undertakings Approved by the Federal Communications Commission (NPA).
You will be required to report the local notice date in Part 2 of your Form 854 filing. If local notice is not provided before the requested national notice date, you must amend your Form 854 submission to request a new national notice date.
When you submit Part 1 of an FCC Form 854 filing that requires environmental notice, you will be required to provide the date you want the FCC to provide national notice of the proposed construction. This date must be on or after the date you plan to provide local notice. On the date you request, the Commission will post the Form 854 application information on its website. This information will remain posted for 30 days.
If local notice occurs after the date you selected for national notice, you should amend your application to provide a new national notice date. The new national notice date must be on or after the actual local notice date and must be at least one business day after you submit the new date. Once you have submitted the new national notice date, the ASR system will recalculate the comment period so that it ends 30 days after the revised date. If you amend your national notice date after the comment period has closed, the application will have to go out on a new 30-day comment cycle and you will need to provide a new local notice.
An Amendment to a pending Form 854 that adds an Environmental Assessment (EA) requires a new national notice period. The filing will be posted on the Commission’s website for another 30 days for public opportunity to comment. New local notice is not required.
An amendment to a pending Form 854 requires new local and national notice if:
- There is any change in the type of structure; or
- There is any change in the coordinates of the tower location; or
- There is an increase in the overall height of the structure; or
- There is a change from a more preferred lighting configuration to a less preferred lighting configuration. Lighting styles are ranked as follows (with the most preferred lighting style listed first and the least preferred listed last): (1) no lights; (2) FAA Lighting Styles that do not involve use of red steady lights; and (3) FAA Lighting Styles that involve use of red steady lights.