Note: There IS NO requirement for an FCC licensee who does not own the structure to independently monitor antenna structure lighting.In the Report and Order in WT Docket No 95-5, FCC 95-473, Released: November 30, 1995, the FCC discussed the licensee's responsibilities as excerpted below (emphasis added):
53. We emphasize that under normal circumstances, we will only look to the structure owner to maintain the prescribed painting and/or lighting. However, in the event the structure owner is unable to maintain the prescribed painting or lighting, e.g., in cases including but not limited to abandonment, negligence, or bankruptcy, we would require that individual licensees on the structure undertake efforts to maintain painting and lighting upon request by the Commission. Additionally, if a tenant licensee has reason to believe that the structure is not in compliance or that the owner is not carrying out its responsibility to maintain the structure as required by Part 17 of the Rules, the licensee must immediately notify the owner, notify the site management company (if applicable), notify the Commission, and make a diligent effort to ensure that the antenna structure is brought into compliance. We are not, however, requiring licensees to independently monitor the antenna structure. Instead, licensees must assume responsibility and take appropriate action if circumstances would lead a reasonable person to question whether the structure is being maintained. For example, if a licensee becomes aware that electrical power is no longer available at the site or has rental payment for antenna space returned due to unavailability of the owner, the licensee must take reasonable actions to ensure that the structure is immediately brought into compliance. Under these circumstances, any sanction that may be directed to a licensee will be determined on a case-by-case basis depending upon the magnitude of noncompliance, its length of time, access of the licensee to the structure and the diligence of the licensee to rectify the noncompliance with the prescribed painting or lighting or to alert the Commission or the FAA.The old rules applicable to broadcasters and the changes are shown side-by-side below:
| Old rules from http://law.house.gov/cfr.htm (retrieve a specific section of the rules) | Final rules as published in 61 FR 4359, February 6, 1996 |
|---|---|
| Sec. 17.47 Inspection of tower lights and associated control
equipment.
The licensee of any radio station which has an antenna structure requiring illumination pursuant to the provisions of section 303(q) of the Communications Act of 1934, as amended, as outlined elsewhere in this part: (a)(1) Shall make an observation of the tower lights at least
once each 24 hours either visually or by observing an automatic
properly maintained indicator designed to register any failure of
such lights, to insure that all such lights are functioning
properly as required; or alternatively,
(b) Shall inspect at intervals not to exceed 3 months all automatic or mechanical control devices, indicators, and alarm systems associated with the tower lighting to insure that such apparatus is functioning properly. (32 FR 11273, Aug. 3, 1967) 91/10/25 |
18. Section 17.47 is revised to read as follows:
Sec. 17.47 Inspection of antenna structure lights and associated control equipment. The owner of any antenna structure which is registered with the Commission and has been assigned lighting specifications referenced in this part:
(a)(1) Shall make an observation of the antenna structure's lights
at least once each 24 hours either visually or by observing an
automatic properly maintained indicator designed to register any
failure of such lights, to insure that all such lights are functioning
properly as required; or alternatively,
(b) Shall 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. |
| Sec. 17.48 Notification of extinguishment or improper functioning
of lights.
The licensee of any radio station which has an antenna structure requiring illumination pursuant to the provisions of section 303(q) of the Communications Act of 1934, as amended, as outlined elsewhere in this part: (a) Shall report immediately by telephone or telegraph to the nearest Flight Service Station or office of the Federal Aviation Administration any observed or otherwise known extinguishment or improper functioning of any top steady burning light or any flashing obstruction light, regardless of its position on the antenna structure, not corrected within 30 minutes. Such reports shall set forth the condition of the light or lights, the circumstances which caused the failure, and the probable date for restoration of service. Further notification by telephone or telegraph shall be given immediately upon resumption of normal operation of the light or lights. (b) An extinguishment or improper functioning of a steady burning side intermediate light or lights, shall be corrected as soon as possible, but notification to the FAA of such extinguishment or improper functioning is not required. (32 FR 11273, Aug. 3, 1967, as amended at 39 FR 26157, July 17, 1974; 40 FR 30267, July 18, 1975) 91/10/25 |
19. Section 17.48 is amended by revising the introductory paragraph
and the second sentence in paragraph (a) to read as follows:
Sec. 17.48 Notification of extinguishment or improper functioning of lights. The owner of any antenna structure which is registered with the Commission and has been assigned lighting specifications referenced in this part:
(a) * * * Such reports shall set forth the condition of the light
or lights, the circumstances which caused the failure, the probable
date for restoration of service, the FCC Antenna Structure Registration
Number, the height of the structure (AGL and AMSL if known) and the
name, title, address, and telephone number of the person making the
report. * * *
|
|
Sec. 17.49 Recording of tower light inspections in the station
record.
The licensee of any radio station which has an antenna structure requiring illumination must make the following entries in the station record in the event of any observed or otherwise known extinguishment or improper functioning of a tower light: (a) The nature of such extinguishment or improper functioning. (b) The date and time the extinguishment or improper operation was observed or otherwise noted. (c) The date, time and nature of adjustments, repairs or replacements made. (48 FR 38477, Aug. 24, 1983) 91/10/25 | 20. Section 17.49 is amended by revising the section heading, the
introductory paragraph, and paragraph (c) and adding a new paragraph
(d) to read as follows:
Sec. 17.49 Recording of antenna structure light inspections in the owner record.
The owner of each antenna structure which is registered with the
Commission and has been assigned lighting specifications referenced in
this part must maintain a record of any observed or otherwise known
extinguishment or improper functioning of a structure light and include
the following information for each such event:
(c) Date and time of FAA notification, if applicable. (d) The date, time and nature of adjustments, repairs, or replacements made. |
| Sec. 73.1213 Antenna structure, marking and lighting.
(a) The provisions of part 17 of this chapter (Construction, Marking and Lighting of Antenna Structures), require certain antenna structures be painted and/or lighted in accordance with the provisions of that part. (See Sec.7.47 [sic] through 17.56.) (b) The licensee or permittee of an AM, FM, or TV broadcast station, if the sole occupant of the antenna and/or the antenna supporting structure, is responsible for conforming to the requirements of Sec.7.47 through 17.56 of this chapter. (c) If a common tower is used for antenna and/or antenna supporting purposes by more than one licensee or permittee of an AM, FM, or TV station or by one or more such licensees or permittees of any other service, each licensee or permittee shall be responsible for painting and lighting the structure when obstruction marking and lighting are required by FCC rules. However, each such licensee or permittee utilizing a common tower may designate one of the licensees or permittees as responsible for painting and lighting the structure. Such designated licensee or permittee shall be solely responsible for conforming to all FCC requirements of part 17 of this chapter regarding obstruction marking and lighting of antenna structures. (See Sec.7.47 through 17.56.) A copy of the agreement between the licensees or permittees must be retained in each licensee's or permittee' station file, available for inspection by FCC representatives. In the event of default by the designated licensee of his responsibility, each of the licensees or permittees shall again be individually responsible for conforming to the requirements of the rules, pending appointment of a new designated licensee responsible for conforming to these rules. (40 FR 25461, June 16, 1975, as amended at 47 FR 40171, Sept. 13, 1982) 91/10/25 | 49. Section 73.1213 is revised to read as follows:
Sec. 73.1213 Antenna structure, marking and lighting. (a) The provisions of part 17 of this chapter (Construction, Marking, and Lighting of Antenna Structures), requires certain antenna structures to be painted and/or lighted in accordance with part 17. (b) The owner of each antenna structure is responsible for ensuring that the structure, if required, is painted and/or illuminated in accordance with part 17 of this chapter. In the event of default by the owner, each licensee or permittee shall be responsible for ensuring that the structure complies with applicable painting and lighting requirements. |
| Sec. 73.1690 Modification of transmission systems.
The following procedures and restrictions apply to licensee modifications of authorized broadcast transmission system facilities.
(a) The following changes are prohibited:
(b) The following changes may be made only upon specific
authority of the FCC. Applications requesting authorization must be
filed on FCC Form 301 for commercial stations and on FCC Form 340
for noncommercial educational stations.
(c) The following FM and TV station modifications may be made and
operation commenced without prior authorization from the FCC,
provided that the modifications would not possibly affect the
operation of any co-located or nearby AM station. An application
for license modification must be filed on FCC Form 302 within 10
days following completion of the changes. Equipment performance
measurements are not required for applications covering changes
described in paragraphs (c) (1) and (2) of this section.
(d) The following changes may be made without authorization from
the FCC, however informal notification of the changes must be made
according to the rule sections specified:
(e) Any electrical and mechanical modification to authorized transmitting equipment that is not otherwise restricted by the preceding provisions of this section, may be made without FCC notification or authorization. Equipment performance measurements must be made within ten days after completing the modifications (See Sec. 73.1590). An informal statement, diagram, etc., describing the modification must be retained at the transmitter site for as long as the equipment is in use. (47 FR 8590, Mar. 1, 1982) Editorial Note: For Federal Register citations affecting Sec. 73.1690, see the List of CFR Sections Affected in the Finding Aids section of this volume. 91/10/25 | 50. Section 73.1690 is amended by revising paragraph (b)(1) to read
as follows:
Sec. 73.1690 Modification of transmission systems.
* * * * *
|
| Sec. 73.3533 Application for construction permit or modification of
construction permit.
(a) Application for construction permit, or modification of a
construction permit, for a new facility or change in an existing
facility is to be made on the following forms:
(b) The filing of an application for modification of construction permit does not extend the expiration date of the construction permit. Extension of the expiration date must be applied for on FCC Form 307, in accordance with the provisions of Sec. 73.3534. (44 FR 38494, July 2, 1979, as amended at 47 FR 28388, June 30, 1982; 49 FR 32582, Aug. 15, 1984; 50 FR 40016, Oct. 1, 1985; 53 FR 36788, Sept. 22, 1988) 91/10/25 | 51. Section 73.3533 is amended by adding a new paragraph (c) to
read as follows:
Sec. 73.3533 Application for construction permit or modification of construction permit.
* * * * *
|
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