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Articles

FAA Adopts New Notification Requirements and Obstruction Standards for Communications Facilities

July 21, 2010

Articles

FAA Adopts New Notification Requirements and Obstruction Standards for Communications Facilities

July 21, 2010

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The Federal Aviation Administration (FAA) has adopted new rules regarding the notification requirements and obstructions standards for facilities that may affect the navigable airspace, including the construction or modification of communications facilities.  The FAA’s new rules are effective January 18, 2011.

The FAA adopted the following rules:

  • Applicants must file a notice of proposed construction at least 45 days (as opposed to 30 days under the current rules) before either construction begins or the date an application is submitted to state and local authorities for a construction permit, whichever is earliest.  The 45-day advance notice requirement does not apply if immediate construction or alteration is required because of an emergency involving essential public services, public health, or public safety.
  • An FAA Determination of No Hazard will become effective 40 days after the date of issuance, unless a petition for discretionary review is received by the FAA within 30 days of issuance.
  • Parties will be prohibited from filing a petition for review of Determinations of No Hazard issued for a temporary structure, marking and lighting recommendation, or when a proposed structure or alteration does not exceed the FAA’s obstruction standards.
  • Unless extended, revised, or terminated, each Determination of No Hazard expires 18 months after the effective date of the determination, or on the date the proposed construction or alteration is abandoned, whichever is earliest.
  • A Determination of No Hazard issued for those construction or alteration proposals that do not require an FCC construction permit may be extended by the FAA one time for a period not to exceed 18 months.
  • A proposed or existing structure that has a height of 499 feet or more above ground level will be considered an obstruction to air navigation.

A copy of the FAA’s Order is available at:
http://edocket.access.gpo.gov/2010/pdf/2010-17767.pdf

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