FCC CHANGES TOWER PAINTING AND LIGHTING RULES

On March 3, 1999, the FCC released a Report and Order in which it modified its rules to incorporate by reference two Federal Aviation Administration ("FAA") changes concerning tower painting and lighting.   Under the new rules, "all coaxial cable, conduits and other cables attached to a tower must be painted."  In addition, on all towers equipped with flashing red lights, the lights must flash simultaneously. 

The changes will not affect all towers.  Existing towers approved by the FAA and already registered with the FCC are subject to the painting and lighting requirements specified on the current FCC registration.  These towers do not have to be modified in response to the FCC's action.  Only towers whose FCC registrations specify compliance with new FAA advisory circulars 70/7460-1J  (Obstruction Marking and Lighting) and 150/5345-43E (Specification for Obstruction Lighting Equipment) must comply with the new requirements.   According to the FCC, up to 16,000 towers must comply with new rules; the FCC has been stipulating that towers comply with the revised FAA advisory circulars for almost three years. 

Tower owners who are out of compliance should come into compliance as soon as possible.   Tower owners who are unable to bring their towers into compliance may ask to have their tower painting and lighting requirements amended to specify compliance with the painting and lighting requirements in effect when their towers were approved by the FAA.    This requires the filing of FCC Form 854; no fee is required for this form.         

The Federal Communications Commission requires that any broadcast antenna which exceeds a height above ground level of 200 feet, or which exceeds a height from the nearest airport runway at a slope of 100 foot horizontal distance for each 1 foot vertical to a distance of 20,000 feet, must file an FCC Form 854. This filing notifies the FCC of antenna height clearance and obstruction marking and lighting specifications pursuant to Federal Aviation Administration Advisory Circular AC 70/7460-1H, Obstruction Marking and Lighting.