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)

Page Range		37552-37553
FR Document		2015-16100

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 Issue 126 (Wednesday, July 1, 2015)

[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

37552 Federal Register / Vol. 80, No. 126 / Wednesday, July 1, 2015 / Rules and Regulations

provide that after June 2, 2015, digital 7. The effective date of the Order is Synopsis
modulation devices and the digital June 1, 2015, the date upon which this As required by the Paperwork
modulation portion of hybrid devices Order was released by the Commission. Reduction Act of 1995 (44 U.S.C. 3507),
designed to operate in the U–NII–3 band Federal Communications Commission. the FCC is notifying the public that it
must meet the new § 15.407 U–NII–3 Marlene H. Dortch, received OMB approval on May 13,
rules to be FCC certified. This waiver 2015, for the revised information
Secretary.
order exclusively addresses the June 2, collection requirements contained in the
[FR Doc. 2015–14806 Filed 6–30–15; 8:45 am]
2015 certification requirement. Commission’s rules at 47 CFR 17.4,
BILLING CODE 6712–01–P
4. Petitions for reconsideration of the 17.48 and 17.49. Under 5 CFR part 1320,
First R&O are still pending. While the an agency may not conduct or sponsor
petitioners have generally alleged that FEDERAL COMMUNICATIONS a collection of information unless it
the current state of the technology COMMISSION displays a current, valid OMB Control
inhibits the design of affordable Number. No person shall be subject to
products that could comply with the 47 CFR Part 17 any penalty for failing to comply with
more stringent out-of-band emission a collection of information subject to the
limits for the U–NII–3 band, the [WT Docket No. 10–88; FCC 14–117] Paperwork Reduction Act that does not
alternatives they suggested have been display a current, valid OMB Control
wide-ranging and many of the parties Amendments To Modernize and Clarify Number. The OMB Control Number is
could not agree on a single solution that the Commission’s Rules Concerning 3060–0645.
would meet the needs of the varying Construction, Marking and Lighting of The foregoing notice is required by
industry segments. Significant Antenna Structures the Paperwork Reduction Act of 1995,
information was, and continues to be, Public Law 104–13, October 1, 1995,
submitted into the record. In particular, AGENCY:Federal Communications and 44 U.S.C. 3507.
on March 23, 2015, the Joint Petitioners Commission. The total annual reporting burdens
filed a self-styled ‘‘Consensus ACTION: Final rule; announcement of and costs for the respondents are as
Proposal.’’ This detailed filing included effective date. follows:
technical rules that would significantly OMB Control Number: 3060–0645.
modify the out-of- band emission limits SUMMARY: In this document, the Federal OMB Approval Date: May 13, 2015.
adopted for the U–NII–3 Band in the Communications Commission OMB Expiration Date: May 31, 2018.
First R&O. Shortly thereafter, the Joint Title: Sections 17.4, 17.48 and 17.49,
(Commission) announces that the Office
Petitioners requested that the Antenna Structure Registration
of Management and Budget (OMB) has
Commission waive § 15.37(h) of the Requirements.
approved, for a period of three years,
rules. Form Number: N/A.
certain information collection
Respondents: Business or other for-
5. In light of the recent activity in the requirements associated with the
profit entities, not-for-profit institutions
docket, The Commission conclude that Commission’s Report and Order
and state, local or tribal government.
there is good cause to grant a waiver of regarding Amendments to Modernize
Number of Respondents and
the June 2, 2015 U–NII device and Clarify the Commission’s rules
Responses: 20,000 respondents; 475,134
certification date. Doing so will give the concerning construction, marking and
responses.
Commission adequate time to consider lighting of antenna structures. This
Estimated Time per Response: .1–.25
the entire record—including the Joint document is being published pursuant
hours.
Petitioners’ ‘‘Consensus Proposal’’—as to the Report and Order, which stated
Frequency of Response: On occasion
part of the reconsideration proceeding, that the Commission would publish a
reporting requirement, recordkeeping
and it will continue to certify U–NII–3 document in the Federal Register
requirement and third party disclosure
band devices meeting the requirements announcing OMB approval and the
requirement.
of the old § 15.427 until December 2, effective date of the revised information
Obligation to Respond: Required to
2015. A brief extension of the collection requirements.
obtain or retain benefits. Statutory
intermediate transition deadline will DATES: Amendments to 47 CFR 17.4, authority for this information collection
not frustrate the ultimate U–NII–3 17.48 and 17.49, published at 79 FR is contained in Sections 4 and 303 of the
transition adopted in the First R&O, 56968, September 24, 2014, are effective Communications Act of 1934, as
including the Commission’s on July 1, 2015. amended, 47 U.S.C. 154, 303.
determinations regarding the marketing, Total Annual Burden: 50,198 hours.
importation, and sale of digitally FOR FURTHER INFORMATION CONTACT:
Total Annual Cost: $64,380.
modulated and hybrid devices. Grant of Cathy Williams by email at
Nature and Extent of Confidentiality:
the waiver, however, will permit Cathy.Williams@fcc.gov and telephone
There is no need for confidentiality with
manufacturers to better plan their at (202) 418–2918.
this collection of information.
research and design activities to comply SUPPLEMENTARY INFORMATION: This Privacy Act Impact Assessment: This
with the outcome of any further action document announces that, on May 13, collection of information does not affect
we may take on reconsideration. 2015, OMB approved certain individuals or households; thus, there
6. Pursuant to the authority in § 1.3 of information collection requirements are no impacts under the Privacy Act.
the Commission’s rules, 47 CFR 1.3, and contained in the Commission’s Report However, respondents may request
sections 302, 303(e), and 303(r) of the and Order, FCC 14–117, published in 79 materials or information submitted to
tkelley on DSK3SPTVN1PROD with RULES

Communications Act of 1934, as FR 56968, September 24, 2014. The the Commission be withheld from
amended, 47 U.S.C. 302, 303(e) and OMB Control Number is 3060–0645. public inspection under 47 CFR 0.459 of
303(r), IT is ordered that the § 15.37(h) The Commission publishes this notice the Commission’s rules.
of the Commission’s rules, 47 CFR as an announcement of the effective Needs and Uses: The Commission
15.37(h) is waived to the extent date of these information collection requested OMB approval for a revision
discussed above until December 2, 2015. requirements. of this information collection in order to

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Document Created: 2015-12-15 13:19:32
Document Modified: 2015-12-15 13:19:32

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule; announcement of effective date.
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.
Contact		Cathy Williams by email at [email protected] and telephone at (202) 418-2918.
FR Citation		80 FR 37552