Understanding the FAA and FCC
Requirements for Tower Compliance
Richard G. Hickey of First Light Resources, LLC.
&
Cory Crenshaw of Crenshaw Communications Consulting, LLC.
Section 1: FAA/FCC Lighting, Marking, and Monitoring Requirements
A Look at Oil & Gas and other Utility-Owned/Managed Structures
FAA/FCC obstruction (tower) lighting is often described as “a necessary evil” for the most of the Oil and
Gas / Utility Telecommunications community. It is the third leading cause of FCC enforcement action and
presents the greatest exposure to liability in the event of an aircraft-to-tower accident. The regulatory
requirements are ever-evolving and maintaining strict compliance requires a healthy dedication of time
and resources to simply stay abreast of the developments.
The Numbers
A recent study of the FCC ASR (Antenna Structure Registration) database numbered the constructed
structures (primarily towers) in this sector at 6,485 (includes rooftop structures).
19.5% of these vertical assets are between 149.93’ and 200’ tall (AGL), 62.8% are 200.13’ to 350’, 16.4%
are 350.07’ to 500’, and 1.3% are over 500’.
Of the structures between 149.93’ and 200.38’ AGL, the FCC and FAA require lighting and/or marking on
14.6%.
Overall, 83.3% of communication structures 149.93’ AGL or taller owned or managed by Oil & Gas or
other utilities that are required to have lighting and/or marking by the FCC and FAA.
Many structures shorter than 149.93’ AGL that are not included in the study but have lighting and
marking requirements primarily due to airport proximity, though the percentages are much smaller.
Responsible Parties
Tower owners are not the only responsible parties. Several organizations are selling their towers to
vertical real estate companies and leasing back the space they need. This strategy often creates a “winwin” partnership with the former tower owner capturing an immediate financial gain combined with the
ability to accurately project long-term Opex as compared to often unpredictable Capex requirements.
The new owner adds prime property locations to offer additional tenants. Most of these buyers are
large corporations with multi-million or billion dollar portfolios and take great pride in the level of
compliance they achieve.
Other companies with communication needs have traditionally chosen to collocate on communication,
broadcast, or other structures under third-party ownership.
Regardless, the structure owner and all tenants share responsibility for the required lighting, marking,
and monitoring in the eyes of the FCC.
Page 1 of 10
In CFR 27.56, the FCC states “A licensee that owns its antenna structure(s) must not allow such antenna
structure(s) to become a hazard to air navigation. In general, antenna structure owners are responsible
for registering antenna structures with the FCC if required by part 17 of this chapter, and for installing
and maintaining any required marking and lighting. However, in the event of default of this
responsibility by an antenna structure owner, the FCC permittee or licensee authorized to use an
affected antenna structure will be held responsible by the FCC for ensuring that the antenna structure
continues to meet the requirements of part 17 of this chapter.”
FCC “Part 17.6 Responsibility of Commission licensees and permittees” adds “In the event of noncompliance by the antenna structure owner, the Commission may require each licensee and permittee
authorized on an antenna structure to maintain the structure, for an indefinite period, in accordance
with the Antenna Structure Registration (FCC Form 854R) and the requirements of this Part.”
Enforcement of these regulations is rare but has been done as recently as 2014.
The Regulations and Relationship of the FAA and FCC
The FCC has the capability to issue fines. The FAA does not. Does this mean the FAA has little authority?
Not at all. Citing Federal Aviation Regulation (FAR) Title 47, the following statements are published on
the FCC.gov website: “The FCC has been given the authority by Congress to require the painting and/or
illumination of antenna towers when it determines that such towers may otherwise constitute a menace
to air navigation. The FCC's rules governing antenna tower lighting and painting requirements are based
upon the advisory recommendations of the FAA, which are set forth in two FAA Advisory Circulars [AC
150/5345-43 & AC 70/7460-1]. Although the FAA's lighting and painting standards are advisory in
nature, the FCC's rules make the standards mandatory. The standards and specifications set forth in
these FAA documents are incorporated by reference into the FCC's rules, making these advisory
standards mandatory for antenna towers.” Antenna support structures can be towers, buildings,
bridges, chimneys, poles, water tanks, silos, grain or concrete elevators, and even trees.
FCC Notice of Violation
FCC NOVs specifically for improper lighting, marking, and monitoring account for literally hundreds of
thousands of dollars in fines each year. The damage can go far beyond the fine, however, affecting stock
value and even rousing the media to question other safety practices of the tower owner. Once the NOV
has been issued, it may be used as reference in legal action to prevent additional tower constructions by
the owner in the future. Combine a recent NOV with an aircraft accident and you have the “perfect legal
storm” for damaging litigation and massive settlements.
Aircraft Incidents
The sole purpose of structure lighting and marking regulations is to prevent accidental aircraft-tostructure impacts. Sadly, these accidents still occur with some frequency.
In Order 13-30 released March 1, 2013, the FCC states: "An aviation accident attributable to an air
obstacle occurs every twelve days on average.” A report by tower engineering company CEI lists
“aviation-related incidents” as the fourth leading cause of catastrophic tower failure. There are more
impacts with telecommunication towers each year than the often taller broadcast towers.
Upon the occurrence of a tower event, it is not uncommon to have authorities from DOT, NTSB, FAA,
and other agencies on site verifying the tower’s lighting, marking, and monitoring compliance. One site
manager speaking at an industry event told an amusing story of representatives from two agencies
Page 2 of 10
practically racing to a downed tower with color charts in hand to check compliance of the tower paint
colors.
After an accident, the ensuing legal action is rarely limited to the tower owner if tenants are present. All
parties related to the site are targets of potential settlement action.
Monitoring Requirements
Proper monitoring and documentation are essential components to the safety of a communication
structure. Key requirements are found in both the FCC and FAA regulations. Though visual observation
once every 24 hours is still acceptable, there are many advantages to automated monitoring. The FCC
monitoring requirements are outlined in CFR Titles 17.47, 17.48. and 17.49. Current FAA requirements
are found in AC 70/7460-1K Chg 2 and AC 150/5345-43G. Primarily, the regulations require:
1) If visually monitored, the tower lighting or a “properly maintained” indicator designed to register the
failure of the lighting must be observed once every 24 hours to insure that all lights are functioning
properly.
2) If monitored by automated means, the monitoring system must be designed to detect any failure
(failure is defined as an outage, four or more consecutive missed flashes, or flashing at the wrong
intensity during daylight operation) of the lights and provide indication of such failure to the “owner”.
The monitoring system must be inspected every 90 days* to “insure that such apparatus is functioning
properly.” (* The 90 day inspection may be waived to annual inspection upon application to the FCC,
provided the automated monitoring system and monitoring methods meet a stringent set of criteria.
Some third party monitoring services have gained FCC approval and are able to offer their customers
“automatic” approval for the waiver provided the lighting system controller offers adequate alarm
capabilities).
3) At the oeaaa.faa.gov website, the FAA states “Any failure or malfunction that lasts more than
thirty (30) minutes and affects a top light or flashing obstruction light, regardless of its position,
should be reported immediately by calling 877-487-6867, for Alaska 800-478-3576, so a Notice
to Airmen (NOTAM) can be issued.” NOTAMs may also be requested at:
https://www.afss.com/enotam/index.cfm?regid=%23%2E0L%2B%0A&navMode=%28%3
FT%3D%3A%28Y%3EJ%3B1%5C%20%0A&mode=Navigation
The FAA goes on to describe the information you should have available when making the call, and also
states “After 15 days, the NOTAM is automatically deleted from the system.” This is changing in 2015.
The NOTAM will not automatically expire. The sponsor (party responsible for opening the NOTAM) will
have full responsibility for contacting the FAA to close the NOTAM when the corrections or repairs are
completed. (NOTE: The failure of an intermediate steady burning side L-810 light or lights is not a
NOTAM worthy event. The FCC states these lights “…shall be corrected as soon as possible…”).
4) Documentation: In addition to maintaining a log of the 24-hour observation, the 90-day or annual
inspection, the outages and reporting, the FCC requires a full description of the repairs made to correct
the outage. The description should include “The date, time and nature of adjustments, repairs, or
replacements made.”
The points listed above are abbreviated. Structure owners and tenants should read and understand all
related FCC and FAA regulations thoroughly.
Migratory Bird or Avian Regulations
“I’m with the government and I’m here to help you.” While we may find this quip amusing and argue the
basic merits of the legislation, one component of the Migratory Bird Regulations has some potential
Page 3 of 10
savings for tower owners. Upon filing with the FAA for a new structure or re-filing for an existing
structure that has red lighting at night and exceeds 350’ AGL, the owner or agent may request a
determination for a lighting configuration that excludes intermediate L-810 steady burn lights. The
request is seldom denied, provided the lighting configuration meets the current standards in the AC
70/7460-1K Chg 2, and the flashing lights are synchronized with a flash rate between 27 and 33 flashes
per minute (FPM).
For structures 350’ AGL or shorter, the regulations are not so owner-friendly. The intermediate steady
burn lights must flash in sync with the red L-864 beacon(s), which will often lead to premature failure.
Structures 200’ or less that have L-810 only (or A-0) lighting are unaffected by the rules.
Owners of structures between 500’ and 700’ AGL with dual lighting systems (red night / white day) may
now also request Medium Intensity “E” configurations rather than High Intensity systems. For assistance
with the request, contact:
Joelle Gehring, Ph.D.
Biologist
Federal Communications Commission
445 12th Street, SW
Washington, D.C. 20554
(202) 418-2356
Joelle.Gehring@FCC.gov<mailto:Joelle.Gehring@FCC.gov
In Conclusion
The FCC, along with the FAA, is currently working to streamline several processes. Many of the
processes affect Aviation Obstruction Lighting, Marking, and Monitoring. Frequent attention to industry
trade publications, e-news, and close communication with related industry compliance resources will
allow you to take the correct steps to maintain compliance, often avoiding unnecessary FCC
enforcement actions and mitigating liability risks before they become costly.
Page 4 of 10
Section 2: Constructing in Compliance
Timelines for Compliance, Planning and Execution
Navigating the ever-changing myriad of regulatory policies for tower construction compliance is no easy
feat even for the seasoned veteran. There are several considerations that must be examined such as
cultural, environmental and historical impacts. Impacts on the community and regulations for the tower
itself must all be taken into consideration. Even the type of spectrum and use can impact the
requirements for compliance. There are several different tools to use and filings that must take place at
different agencies in order to meet compliance criteria. All of these filings are interconnected and must
be executed in a specific order as one filing impacts another and sets a different piece of the puzzle in
motion. For many entities timelines are crucial in planning for deployment, budgetary constraints and
operations. Missing one piece of the process can not only be costly financially, but can take up valuable
time and manpower.
Tools
There are several tools to look into for initial evaluation prior to deciding to construct. These tools help
evaluate the next steps needed and level of effort involved to be compliant prior to construction. On
initial evaluation Towair, Notice Criteria Tool, the AM Broadcast Query tool and Nadcon are the first
step. Towair is the FCC’s tool to evaluate if a tower requires registration. Notice Criteria Tool is the
FAA’s tool to determine if an aeronautical study is needed. The AM Broadcast Query is the FCC’s Media
Bureau’s tool to determine if there is an AM broadcast station within a specified distance. Nadcon is a
simple tool preferred by the Commission that simply converts coordinates from one set of Datum to
another. Some of the tools require one datum while others require a different set. It is important to
consistently use the same tools each time for consistent results.
Towair
This tool technically should yield the same results as the FAA’s Notice Criteria Tool, but experience has
proven otherwise. While Towair often is an effective tool it isn’t the exact same tool as Notice Criteria
Tool. Running both tools gives entities the most information up front to make decisions with. Towair is
predominately concerned about tower registration. Towers over 200’ will require registration (an
Antenna Structure Registration (ASR)). Sites that are in close proximity to the airports or aircraft
navigation sites may also require registration with the FCC.
Notice Criteria Tool
The FAA has its own tool for evaluating towers. Notice Criteria Tool (NCT) is used to assist in
determining if an aeronautical study (ASN) is required. The FCC doesn’t only evaluate the tower height
and location, but looks for potential electromagnetic interference with aircraft navigation systems. Any
site over 200’ will require an ASN, but so will other sites due to proximity to airports or navigations
control centers. It is important to remember that the FAA is the superseding agency over the FCC when
Page 5 of 10
it comes to towers as safety is paramount and the FAA will determine if a tower itself is an obstruction
concern, but also the potential for interference for aircraft.
AM Broadcast Query
This tool is through the FCC’s Media Bureau and is used to evaluate if a proposed tower is in close
proximity to AM Broadcast stations in the 530 kHz to 1700 kHz band. If stations are within the entered
distance they will be listed so the proposed tower owner can work with the owner of the AM station.
Initially only certain types of radio services were required to run this tool because those types of
systems were inherently noisy, but in August of 2013 a section was added to Part 1 of CFR 47 mandating
all towers must not interfere with existing AM broadcast stations. It was realized that not just the type
of transmission could potentially cause interference, but the entire tower structures could interfere. It
is important to note this tool uses NAD 27 rather than NAD83 which other tools use.
NADCON – North American Datum Conversion
The FCC has listed NADCON as the tool to use when converting from NAD 83 to NAD 27 or other
formats. While there are several tools available to accomplish this, it is prudent for consistency to use
the recommended tools and keep everything documented.
NEPA Desktop Evaluation
This is a step done by a qualified external agency that runs tools through national databases to review if
there are environmental concerns. These tools are generally run by environmental agencies by highly
qualified biologists.
A review of the results from each tool will help determine what additional action may be required. In
the case of broadcast often the towers exceed 200’ thus automatically requiring ASNs, ASRs. Depending
on the location but also the power transmitted full Environmental Assessments are required as outlined
under CFR 47 part 1.
Obtaining an ASR
This is a two part process that can be done simultaneously while working through the FAA’s aeronautical
study. The first part of this process is to gather the general information on the site such as the
coordinates, a physical address and tower heights. The first part of the application can be filed to obtain
the application filing number which is required for the local public notice. The local public notice must
be published for at least one day, but at least 31 days must pass before additional work can be done.
After the local notice is filed national public notice can be filed through the FCC’s ASR website. The
National notice must be filed after the local notice is published. For legal reasons it is worth getting
documentation from the publisher and a signed affidavit that the notice did run on the date specified in
the ASR application. Once the National notice starts it will run for 30 days. After the 30 day National
notice period has run the application will “disappear” for 10 days. During this 10 day period the FCC will
Page 6 of 10
make a final determination on issuing an ASR. The second part of the application takes place after the
Commission has issued a determination and has received no complaints or concerns. During the second
part the ASN filing determination must be entered into the FCC’s website in order to obtain the ASR.
With a determination from the FAA of No Hazard and clearance from the FCC the ASR may be granted
instantly. However, in the case of sites requiring EAs, they must be submitted with the application for
the ASR and must be reviewed and this can add significant time to the ASR process. In general, if no EA
is required the timeframe is 40-45 days to obtain an ASR and with the EA attached it can take
significantly longer.
Obtaining and an ASN
In order to obtain and an ASR and ASN is often required. The FAA will require information in NAD 83
format and in feet. Site information such as latitude and longitude, an address, city, county and state
are required along with what frequency band is being proposed to operate and the power output. In
many cases in order to obtain licensed or authorized spectrum an ASR is required which means an ASN is
required. The 7460-1 form can be filed on-line and no public notices are required. The FAA generally
makes a determination in 45 days and will direct what lighting is required unless you have requested
specific lighting and submitted justification or a waiver.
Compliance with the FCC’s Environmental and Cultural Regulations
This is be a tricky area to navigate and timeframes vary widely from 6 months to years depending on the
concerns raised and how they are addressed. There are 3 key areas when reviewing this side of the
process: Environmental Compliance, Historic Preservation and the tools available to aid in the processes.
Environmental Compliance
This is an area that is often overlooked. There are several different aspects to review such as NEPA
(National Environmental Protection Act), ESA (Endangered Species Act), Migratory Birds, Wetlands,
Flood Plains and many more. To make an effective determination a qualified environmental agency
should be consulted with. Highly trained and specialized biologists will evaluate the site and determine
if the environment could be impacted negatively.
Under the FCC’s rules (CFR 47 Part 1) the applicant must determine if there will be an effect to any of
the 9 sensitive areas. If not then no additional work is required. If yes, the applicant should file the EA
with the Commission. The FCC will make a final determination if there will be a significant impact to the
environment utilizing the EA provided by the applicant. The FCC must then prepare an Environment
Impact Statement (EIS).
On several of the Commission’s forms and applications the Commission has written out “Would a
Commission grant of Authorization for this location be an action which may have a significant
environmental impact? See section 1.1307 of 47 CFR”
Page 7 of 10
Yes ( ) No ( )
If ‘Yes’, submit an environmental assessment as required by 47 CFR, Sections 1.1308 and 1.1311.
This is a challenging question because the Commission puts all responsibility on the applicant and the
only way to be fairly certain is to perform a full EA. An applicant has no way of knowing if a site will
impact the key sensitive areas without doing this. Basically the Commission gives you the option to
check a box without fully explaining that the only way the box can be checked in good faith is through
the EA.
Historic Preservation
The Commission has entered into two Nationwide Programmatic Agreements (NPA) with the Advisory
Council on Historic Preservation and the National Conference of State Historic Preservation Officers
(NCSHPO) regarding the Section 106 process for new tower construction. The Collocation Agreement
(CNPA) exempts most towers, buildings and other structures from Section 106 Consultation. The NPA
provides some guidance on the process and general questions or specific inquiries can be submitted to
the Commission at NPA inquiries.
The Basic NPA/ Section 106 Process
In rare cases some exclusions may apply collocated towers are the tower owner’s responsibility and not
applicable for new construction requirements. Towers built prior to the Commissions entering into the
NPAs may also be excluded. The next step is to submit the project to the FCC’s Tower Construction
Notification System (“TCNS”). Identify and define the two Areas of Potential Effects (“APEs”) for the
project - both direct and visual. Make a “reasonable and good faith effort to identify” historic properties
of significance to Indian tribes with in the applicable APE. If any disputes arise regarding property
identification or eligibility, resolve these with the SHPO if possible, and if necessary with the FCC.
Secretary-qualified professionals shall assess effects of the Undertaking on Historic properties using the
Criteria of Adverse Effect. At this time the applicant can prepare the 620/621 forms and required
attachments and submit to the State Historic Preservation Officer (“SHPO”) for concurrence. The SHPO
then has 30 days to respond. The applicant may then proceed according to the SHPO’s response.
The applicant must provide written notification to 3 entities before submission to the SHPO. The local
government with primary land use jurisdiction over the site, any group the SHPO has publically
identified that should receive notice of FCC projects in that area and the public, describing and giving the
public the opportunity to comment on the undertaking.
Tower Construction Notification System (“TCNS”)
“The Commission in accordance with the government’s trust responsibility, and to the extent practicable,
will consult with Tribal governments prior to implementing any regulatory action or policy that will
significantly or uniquely affect Tribal governments, their land and resources.” This iIs the FCC’s official
Page 8 of 10
Policy Statement on Indian tribes. All federally recognized Indian tribes have voluntarily joined the FCC’s
TCNS system and designated the geographic areas for which they want to be notified of tower
construction. As all tribes have elected to participate the FCC has determined that referencing an FCC
undertaking to TCNS will constitute a “reasonable and good faith effort” for identification of potentially
interested Indian tribes for that specific undertaking.
On submission of proposed tower construction into the FCC’s TCNS a report and notification is
generated. It is automatically sent to all tribes that requested to be notified for undertakings in that
area. The tribes typically respond in one of 5 ways: 1. No interest in tower review, 2. no response at all
which the applicant, after 30 days, can assume no interest 3. Blank response which means contact
information is provided, but nothing else, the application should contact the Tribe to more definitively
determine the tribe’s wishes on participation. 4. The tribe may request additional information to
determine if they want to consult on the project. 5. The tribe wants to be a consulting party.
In the instance of the tribe wanting to be a consulting party either the tribe will send you automatically
their requirements for materials to review or just simply tell you then they want to consult at which
point it is the applicant’s responsibility to obtain the tribe’s unique and individual requirements for
materials to review. After Phase 1 and Phase 2 Archeological Surveys are required and each tribe has a
different set of requirements so it is imperative to have each tribe’s requirements prior to commencing
field work. Once all the requested materials are gathered packets may be sent to each tribe that wishes
to consult. Tribes often request a consulting fee and these fees are continuing to go up. The tribe
determines if they have all the information, not the applicant who sent it. Due to this fact significant
time can pass before a response is received and additional information may be required. Additionally,
upon initial notification each tribe has 30 days to respond if they want to consult or not, but if no
response is received then the applicant is required to contact them directly and attempt to make a
determination. The timeframes on TCNS and working with the tribes varies greatly based on the
response received and additional work required, but the timeframes allowable for response.
In Conclusion
There are several variables to consider before deciding to construct a tower of any size and any
spectrum used. Approval must be obtained from several different agencies and every action taken
triggers another action and reaction. A filing at the FAA is passed to the FCC for an ASR which triggers
questions of due diligence regarding environmental and historical and cultural review completion. Every
question and box checked on the filings has a specific meaning which may not be 100% transparent and
can set off an unexpected course of events. If you aren’t 100% comfortable with the processes, forms,
filings, timelines and order in which they should be completed please consider reaching out to your
regulatory team, person or a qualified expert to help navigate the processes.
Page 9 of 10
Richard Hickey
Chief Compliance Officer
First Light Resources, LLC
Arrington, TN
615-856-5526
And
Cory Crenshaw
President, FCC-FAA Regulatory Compliance Consultant
Crenshaw Communications Consulting, LLC
College Station, TX
832-617-0217
Page 10 of 10