Sec. 17.4  Antenna structure registration.

    (a) Effective July 1, 1996, the owner of any proposed or existing 
antenna structure that requires notice of proposed construction to the 
Federal Aviation Administration must register the structure with the 
Commission. This includes those structures used as part of stations 
licensed by the Commission for the transmission of radio energy, or to 
be used as part of a cable television head end system. If a Federal 
Government antenna structure is to be used by a Commission licensee, the 
structure must be registered with the Commission.
    (1) For a proposed antenna structure or alteration of an existing 
antenna structure, the owner must register the structure prior to 
construction or alteration.
    (2) For an existing antenna structure that had been assigned 
painting or lighting requirements prior to July 1, 1996, the owner must 
register the structure prior to July 1, 1998.
    (3) For a structure that did not originally fall under the 
definition of ``antenna structure,'' the owner must register the 
structure prior to hosting a Commission licensee.
    (b) Except as provided in paragraph (e) of this section, each owner 
must file FCC Form 854 with the Commission. Additionally, each owner of 
a proposed structure referred to in paragraphs (a)(1) or (a)(3) of this 
section must submit a valid FAA determination of ``no hazard.'' In order 
to be considered valid by the Commission, the FAA determination of ``no 
hazard'' must not have expired prior to the date on which FCC Form 854 
is received by the Commission. The height of the structure will include 
the highest point of the structure including any obstruction lighting or 
lighting arrester.

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    (c) If an Environmental Assessment is required under Sec. 1.1307 of 
this chapter, the Bureau will address the environmental concerns prior 
to processing the registration.
    (d) If a final FAA determination of ``no hazard'' is not submitted 
along with FCC Form 854, processing of the registration may be delayed 
or disapproved.
    (e) If the owner of the antenna structure cannot file FCC Form 854 
because it is subject to a denial of federal benefits under the Anti-
Drug Abuse Act of 1988, 21 U.S.C. 862, the first tenant licensee 
authorized to locate on the structure (excluding tenants that no longer 
occupy the structure) must register the structure using FCC Form 854, 
and provide a copy of the Antenna Structure Registration (FCC Form 854R) 
to the owner. The owner remains responsible for providing a copy of FCC 
Form 854R to all tenant licensees on the structure and for posting the 
registration number as required by paragraph (g) of this section.
    (f) The Commission shall issue, to the registrant, FCC Form 854R, 
Antenna Structure Registration, which assigns a unique Antenna Structure 
Registration Number. The structure owner shall immediately provide a 
copy of Form 854R to each tenant licensee and permittee.
    (g) Except as described in paragraph (h) of this section, the 
Antenna Structure Registration Number must be displayed in a conspicuous 
place so that it is readily visible near the base of the antenna 
structure. Materials used to display the Antenna Structure Registration 
Number must be weather-resistant and of sufficient size to be easily 
seen at the base of the antenna structure.
    (h) The owner is not required to post the Antenna Structure 
Registration Number in cases where a federal, state, or local government 
entity provides written notice to the owner that such a posting would 
detract from the appearance of a historic landmark. In this case, the 
owner must make the Antenna Structure Registration Number available to 
representatives of the Commission, the FAA, and the general public upon 
reasonable demand.
[ 61 FR 4362 , Feb. 6, 1996]