Federal Licensing for Proposed New Structures

Whether you're building a new antenna structure (i.e., a communications tower, water tank, pole, wind turbine, windmill) or increasing/decreasing the height or adding frequencies at an already-existing structure, the impact to air navigation is critical to pilots and the surrounding public. The Federal Aviation Administration (FAA) and the Federal Communications Commission (FCC) have established rules and regulations as set standards for permitting and regulatory compliance of any structure that shares air space with pilots.

The FAA and FCC ASR licensing process for new structures can be complicated and time-consuming. Your best bet is to find a reputable person or company that has filed these types of applications in the past and understands not only the filing procedures but also maintains knowledge of changing federal rules and regulations pertaining to the licensing process. A Search Ring Analysis and Preliminary Airport Evaluation are helpful tools in determining if the location and proposed height will have any impact on air navigation. These reports also contain information on existing FCC-registered structures (their locations and approved heights).

A good standard for filing a new structure with the federal authorities pertains to the overall structure height and location of the structure to the nearest runway of the nearest airport. Any structure over 200 feet above ground level (AGL) should be registered with the FAA and the FCC. Often times, however, structures under 200 feet AGL should be registered, because the proposed location sits in close proximity to an airport runway or impacts circling patterns or other instrument/visibility applications.

Although the perimeters for permitting are varied and do not always require application with the federal authorities, registration has several advantages:

• The plotting of structures on flight maps may prevent unnecessary airplane crashes.
• New structures are included in the FAA's and the FCC's online databases to view by the public, pilots, local and state officials. Search perimeters include by latitude/longitude, FCC ASR number, city/state, structure owner's zip code, or by overall height above ground.
• Potential prospects looking to co-locate on existing structures can search the online databases to locate structures, their overall structure height, lighting/marking requirements, and ownership information.
• Certain navigational aids may extend as far as 12 nautical miles from the nearest Public-Use landing facility (airport).
• Allowing the FAA to determine structure height and air navigation obstruction impact through the airspace analysis process prevents construction delays and post-build glitches between the new structure and the feds, public, officials, and pilots.
• The FAA recommends lighting/marking standards for individual structures based upon their analysis that allow peaceful co-existence with the surrounding communities. How would you like trying to sleep while a flashing medium or high-intensity white strobe light blinks through your windows?
• The FAA conducts a thorough study of frequencies.

As with most permitting processes, be prepared to wait several weeks to receive your federal permit. The average timeframe for FAA completion is 30-45 days. If, however, the FAA finds impact to air navigation because of height restrictions, location or public criticism, you may wait up to 120 days to receive an FAA Final Determination of No Hazard to Air Navigation, unless, of course, you decide to lower the structure to an approved height or move the structure altogether.

Upon receiving an FAA Final Determination of No Hazard to Air Navigation, you may file the pre-FCC ASR application the following day; however, you will need a Federal Registration Number (FRN) prior to ASR application. The "pre" filing does not give you a permit or seven-digit number until the application sits on Public Notice for 30 days. After the Public Notice period, the FCC then requires ten (10) additional days to research any public responses. Once the waiting period is over and no environmental impact is revealed, the final FCC ASR amended application can be filed and the ASR number is granted and the permit issued (you may have to file the amended application again the next day to receive your ASR number).

The FCC ASR number is your permit to construct. A sign with this number should be posted at the structure site at all times for public viewing. This number can be searched for on the FCC's online database for reference by the public, pilots, and potential co-location tenants, as discussed above.

Most, but not all, FAA final determinations will require the structure owner to file an application at least ten (10) days prior to start of construction (Form 7460-2, Part I) or within five (5) days after the construction reaches its greatest height (Form 7460-2, Part II). These applications are considered FAA Supplemental Notices. The FCC also requires filing a construction completion ("NT") application to change the ASR from "granted" to "constructed."

For further information on ordering services for Search Rings, Preliminary Airport Evaluations, FAA Initial and Supplemental Notice Applications, FCC FRN Applications, FCC ASR Applications or Ordering FCC ASR Signs, e-mail us at dpsitecompliance@gmail.com or visit our Home Page, Regulatory Order Form, or Order Our Services.

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