80 FR 37552 - Amendments To Modernize and Clarify the Commission's Rules Concerning Construction, Marking and Lighting of Antenna Structures

FEDERAL COMMUNICATIONS COMMISSION

Federal Register Volume 80, Issue 126 (July 1, 2015)

In this document, the Federal Communications Commission (Commission) announces that the Office of Management and Budget (OMB) has approved, for a period of three years, certain information collection requirements associated with the Commission's Report and Order regarding Amendments to Modernize and Clarify the Commission's rules concerning construction, marking and lighting of antenna structures. This document is being published pursuant to the Report and Order, which stated that the Commission would publish a document in the Federal Register announcing OMB approval and the effective date of the revised information collection requirements.

[Federal Register Volume 80, Number 126 (Wednesday, July 1, 2015)]
[Rules and Regulations]
[Pages 37552-37553]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-16100]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 17

[WT Docket No. 10-88; FCC 14-117]


Amendments To Modernize and Clarify the Commission's Rules 
Concerning Construction, Marking and Lighting of Antenna Structures

AGENCY: Federal Communications Commission.

ACTION: Final rule; announcement of effective date.

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SUMMARY: In this document, the Federal Communications Commission 
(Commission) announces that the Office of Management and Budget (OMB) 
has approved, for a period of three years, certain information 
collection requirements associated with the Commission's Report and 
Order regarding Amendments to Modernize and Clarify the Commission's 
rules concerning construction, marking and lighting of antenna 
structures. This document is being published pursuant to the Report and 
Order, which stated that the Commission would publish a document in the 
Federal Register announcing OMB approval and the effective date of the 
revised information collection requirements.

DATES: Amendments to 47 CFR 17.4, 17.48 and 17.49, published at 79 FR 
56968, September 24, 2014, are effective on July 1, 2015.

FOR FURTHER INFORMATION CONTACT: Cathy Williams by email at 
[email protected] and telephone at (202) 418-2918.

SUPPLEMENTARY INFORMATION: This document announces that, on May 13, 
2015, OMB approved certain information collection requirements 
contained in the Commission's Report and Order, FCC 14-117, published 
in 79 FR 56968, September 24, 2014. The OMB Control Number is 3060-
0645. The Commission publishes this notice as an announcement of the 
effective date of these information collection requirements.

Synopsis

    As required by the Paperwork Reduction Act of 1995 (44 U.S.C. 
3507), the FCC is notifying the public that it received OMB approval on 
May 13, 2015, for the revised information collection requirements 
contained in the Commission's rules at 47 CFR 17.4, 17.48 and 17.49. 
Under 5 CFR part 1320, an agency may not conduct or sponsor a 
collection of information unless it displays a current, valid OMB 
Control Number. No person shall be subject to any penalty for failing 
to comply with a collection of information subject to the Paperwork 
Reduction Act that does not display a current, valid OMB Control 
Number. The OMB Control Number is 3060-0645.
    The foregoing notice is required by the Paperwork Reduction Act of 
1995, Public Law 104-13, October 1, 1995, and 44 U.S.C. 3507.
    The total annual reporting burdens and costs for the respondents 
are as follows:
    OMB Control Number: 3060-0645.
    OMB Approval Date: May 13, 2015.
    OMB Expiration Date: May 31, 2018.
    Title: Sections 17.4, 17.48 and 17.49, Antenna Structure 
Registration Requirements.
    Form Number: N/A.
    Respondents: Business or other for-profit entities, not-for-profit 
institutions and state, local or tribal government.
    Number of Respondents and Responses: 20,000 respondents; 475,134 
responses.
    Estimated Time per Response: .1-.25 hours.
    Frequency of Response: On occasion reporting requirement, 
recordkeeping requirement and third party disclosure requirement.
    Obligation to Respond: Required to obtain or retain benefits. 
Statutory authority for this information collection is contained in 
Sections 4 and 303 of the Communications Act of 1934, as amended, 47 
U.S.C. 154, 303.
    Total Annual Burden: 50,198 hours.
    Total Annual Cost: $64,380.
    Nature and Extent of Confidentiality: There is no need for 
confidentiality with this collection of information.
    Privacy Act Impact Assessment: This collection of information does 
not affect individuals or households; thus, there are no impacts under 
the Privacy Act. However, respondents may request materials or 
information submitted to the Commission be withheld from public 
inspection under 47 CFR 0.459 of the Commission's rules.
    Needs and Uses: The Commission requested OMB approval for a 
revision of this information collection in order to

[[Page 37553]]

obtain the full three year approval pursuant to FCC 14-117. These 
revised information collection requirements, which implement and 
enforce the updated antenna structure notice, registration, reporting, 
and recordkeeping requirements of part 17 of the Commission's rules, 
help improve efficiency, reduce regulatory burdens, and enhance 
compliance with antenna structure painting and lighting requirements, 
while continuing to ensure the safety of pilots and aircraft passengers 
nationwide. The revised information collection requirements are as 
follows:
    Section 17.4 provides that the owner of any proposed or existing 
antenna structure that requires notice of proposed construction to the 
Federal Aviation Administration (FAA) due to physical obstruction must 
register the structure with the Commission. Section 17.4(f) previously 
required antenna structure owners ``to immediately provide a copy'' of 
the antenna structure registration to each tenant. This rule has been 
revised so that it now requires that antenna structure owners either 
provide a copy or a link to the FCC antenna structure Web site, and 
that this notification may be done electronically or via paper mail.
    Section 17.4(g) previously required antenna structure owners to 
display the Antenna Structure Registration Number a conspicuous place 
that is readily visible near the base of the antenna. This rule has 
been revised to require that the Antenna Structure Number be displayed 
so that it is conspicuously visible and legible from the publicly 
accessible area nearest the base of the antenna structure along the 
publicly accessible roadway or path. It has also been revised to 
provide that where an antenna structure is surrounded by a perimeter 
fence, or where the point of access includes an access gate, the 
Antenna Structure Registration Number should be posted on the perimeter 
fence or access gate. Where multiple antenna structures having separate 
Antenna Structure Registration Numbers are located within a single 
fenced area, the revised rule provides that the Antenna Structure 
Registration Numbers must be posted both on the perimeter fence or 
access gate and near the base of each antenna structure. If the base of 
the antenna structure has more than one point of access, the revised 
rule requires that the Antenna Structure Registration Number be posted 
so that it is visible at the publicly accessible area nearest each such 
point of access. The registration number is issued to identify antenna 
structure owners in order to enforce the Congressionally-mandated 
provisions related to the owners.
    Sections 17.48 and 17.49 contain reporting and recordkeeping 
requirements. Section 17.48(a) required that antenna structure owners 
promptly report outages of top steady burning lights or flashing 
antenna structure lights to the FAA. Upon receipt of the outage 
notification, the FAA issues a Notice to Airmen (NOTAM), which notifies 
aircraft of the outage. However, the FAA cancels all such notices 
within 15 days. Previously, the Commission's rules did not require 
antenna structure owners to provide any notification to the FAA 
regarding the status of repairs other than the initial outage report 
and the resumption of normal operation. Thus, if the repairs to an 
antenna structure's lights required more than 15 days, the FAA may not 
have had any record of the outage from that 15th day to the resumption 
of normal operation.
    This rule has been revised to require antenna structure owners to 
provide the FAA with regular updates on the status of their repairs of 
lighting outages so that the FAA can maintain notifications to aircraft 
throughout the entire period of time the antenna structure remains 
unlit. Consistent with the current FAA requirements, if a lighting 
outage cannot be repaired within the FAA's original NOTAM period, the 
revised rule requires the antenna structure owner to notify the FAA of 
that fact. In addition, the revised rule provides that the antenna 
structure owner must provide any needed updates to its estimated 
return-to-service date to the FAA. The revised rule also requires 
antenna structure owners to continue to provide these updates to the 
FAA every NOTAM period until its lights are repaired.
    Section 17.49 previously required antenna structure owners to 
maintain a record of observed or otherwise known extinguishments or 
improper functioning of structure lights, but did not specify the time 
period for which such records must be maintained. This rule has been 
revised to require antenna structure owners to maintain a record of 
observed or otherwise known extinguishments or improper functioning of 
structure lights for two years and provide the records to the 
Commission upon request.

Federal Communications Commission.
Marlene H. Dortch,
Secretary, Office of the Secretary.
[FR Doc. 2015-16100 Filed 6-30-15; 8:45 am]
 BILLING CODE 6712-01-P