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| Cell Tower with Bird Migration |
When a structure owner receives a "Final Determination of No Hazard to Air Navigation" from the Federal Aviation Administration (FAA), a proposal for a new radio/communication tower, pole, water tank, etc., is then subject to the Federal Communications Commission (FCC) licensing/permitting authority for Antenna Structure Registration (ASR). The FCC ASR registration process comprises of filing Form 854 online to receive a seven-digit number placed on a sign at the structure site. In order to file online with the FCC, however, the structure owner must acquire a Federal Registration Number (FRN).
The purpose of the FCC ASR Form 854 is:
- To register antenna structures (radio/communication towers, poles, water tanks, etc.) that are used for wire or radio communication services which are regulated by the Commission.
- To make changes to existing registered antenna structures or pending applications for registration.
- To notify the Commission of completion or construction or dismantlement of such structures, as required by Title 47 of the Code of Federal Regulations, Chapter 1 of Part 17.
Prior to the summer of 2012, the FCC ASR online process was a simple one-time application, which normally resulted in an immediate grant of the seven-digit ASR number. However, from a court decision by the Court of Appeals for the District of Columbia Circuit, American Bird Conservatory versus the FCC, the Commission found that the ASR process failed to offer members of the public the opportunity to request an Environmental Assessment (EA) for proposed structures that the FCC considers categorically excluded from the National Environmental Policy Act (NEPA) process. This lawsuit against the FCC was partially initiated from a study of bird migration resulting in a calculated number of deaths originating from tower structures, guy wires, and red tower lighting.
As a result of the Commission's findings, the FCC ASR made rule changes and revised the online filing process in the summer of 2012 (see WTB Docket 11-181). As a result of these changes, the FCC ASR online Form 854 now requires a two-part application process. The first "pre" application lists all the pertinent structure administrative information, the structure information (latitude/longitude, ground elevation, structure height, overall structure height, etc.), the FAA Aeronautical Study Number (if received), and the local notice date (see next paragraph). Once the form is populated and submitted, the application goes out on Public Notice and can be viewed online, along with other applications, for 30 days. At the end of the 30-day Public Notice period, the FCC will review the application for public requests and determine if an Environmental Assessment (EA) is required. If no significant environmental impact or EA's are required (for structures 450 feet or below only), the applicant can file the final part of the 854 form online and receive their ASR number. Structures 450 feet AGL or higher require the preparation of an EA, which is uploaded in the first application process. Any FCC ASR applicant can upload a prepared EA with their application. EA's can also be included in the NEPA Section 106 process.
As a result of the Commission's findings, the FCC ASR made rule changes and revised the online filing process in the summer of 2012 (see WTB Docket 11-181). As a result of these changes, the FCC ASR online Form 854 now requires a two-part application process. The first "pre" application lists all the pertinent structure administrative information, the structure information (latitude/longitude, ground elevation, structure height, overall structure height, etc.), the FAA Aeronautical Study Number (if received), and the local notice date (see next paragraph). Once the form is populated and submitted, the application goes out on Public Notice and can be viewed online, along with other applications, for 30 days. At the end of the 30-day Public Notice period, the FCC will review the application for public requests and determine if an Environmental Assessment (EA) is required. If no significant environmental impact or EA's are required (for structures 450 feet or below only), the applicant can file the final part of the 854 form online and receive their ASR number. Structures 450 feet AGL or higher require the preparation of an EA, which is uploaded in the first application process. Any FCC ASR applicant can upload a prepared EA with their application. EA's can also be included in the NEPA Section 106 process.
The Commission now requires applicants to post a one-day notice in the local newspaper stating where the proposed structure will be located, the height, lighting specifications, FCC ASR filing number, a link to the FCC's Request for Environmental Assessment website, and the Public Notice website. The FCC ASR pre-application should be filed around the local notice date.
Once the final FCC ASR Form 854 amended application has been submitted and the ASR number is granted, the 854R construction permit is either mailed to the structure owner or downloaded online and contains pertinent information regarding signage at the structure site and more. The FCC ASR sign with the newly-assigned seven-digit number should be displayed at the structure site in a public location during the life of the structure.
The FCC ASR sign should be at least 12" high and 18" long, single-sided .063" thick aluminum white reflective background with black non-reflective premium legend and border. Font size should be from 2" to 4". Four 1/4" holes can be drilled into each corner, 1" from each edge, for hanging and a sheet with clear protective vinyl can be placed over the sign for weather resistance.
Upon completion of structure construction, the 854R should be closed out in the FCC ASR online application system by entering the structure owner's FRN and password and completing the "NT" application process. The FCC will then place the project in the constructed status.
This review should not be construed as a complete assessment of the FCC's rules and procedure for the new Antenna Structure Registration process. The Commission has made it clear that certain and special conditions present individual decision-making. There are also circumstances where modifications to an FCC-registered structure require Public Notice and other modifications are considered administrative updates without Public Notice. Because the new FCC ASR rule-making and filing process is quite complex, we recommend hiring an FCC Specialist who has experience in successfully filing these types of applications. E-mail us at dpsitecompliance@gmail.com for further information or visit our Home Page, Regulatory Order Form, or Order Our Services.
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