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Articles

FCC Seeks Comment on Petition for Reconsideration of New Public Notice Requirements for Antenna Structure Registrations

March 6, 2012

Articles

FCC Seeks Comment on Petition for Reconsideration of New Public Notice Requirements for Antenna Structure Registrations

March 6, 2012

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The Federal Communications Commission (FCC) has issued a Public Notice seeking comment on a Petition for Reconsideration of the new public notice rules for towers that require Antenna Structure Registrations (ASRs). Oppositions to the Petition will be due 15 days after Federal Register publication, which has not yet occurred, with replies due 10 days after the deadline for filing oppositions.

The FCC’s new rules will require applicants to provide local notice (via newspaper or through the local zoning process) and national notice (via FCC’s website) of all towers that require ASRs to give interested parties 30 days to file comments with the FCC regarding potential adverse environmental effects. The FCC’s notice requirements will apply to all structures that require notice to the Federal Aviation Administration and registration with the FCC, including towers more than 200 feet in height, structures located on the grounds of an airport, and towers between 20-200 feet in height that exceed an imaginary 100:1 slope around an airport runway.

The petitioners ask the FCC to (1) revisit its decision to apply the notice requirements to towers that are 350 feet in height or less; (2) eliminate the requirement that applicants must provide local notice of a proposed ASR; and (3) adopt a shot-clock that would require the FCC to issue a Finding of No Significant Impact (FONSI) for a proposed tower if no action has been taken (a) 30 days after the close of the pleading cycle where a member of the public has filed a petition for environmental processing, or (b) 90 days after an applicant has filed an Environmental Assessment. The petitioners propose that the FCC could extend the deadline only once by a period of 30 days. If the petitioners’ proposals are adopted, applicants would still be required to provide national notice of towers that are more than 350 feet in height that require an ASR.

A copy of the FCC’s Public Notice is available here.

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