Telecom Law Blog

In Notice of Proposed Rulemaking ("NPRM") No. 06–06, the Federal Aviation Administration ("FAA") imitated a rulemaking proposing to change their treatment of Determinations of No Hazard for communications towers. Currently, the FAA reviews not only the structural effect of proposed tower construction on the safety of air travel, but also the electromagnetic effects of the proposed tower user on aircraft communications, radar and other aviation electronics. However, there are no FAA regulations addressing the subsequent changes to towers that do not affect the height of those towers. When additional users were added to existing towers, no FAA approval was necessary.

The NPRM proposed requiring that all changes to communications towers, through the addition of new communications users to a tower (if those users operate in certain frequency bands, including broadcasting, paging, fixed wireless and several other services). Also, prior FAA approval would be required if there was an increase in power of existing facilities or other significant change in the radiation characteristics of a tower user in these frequency bands. Seeking FAA approval can increase the time necessary to make such changes.

The FAA also proposed changing the period for which a Determination of No Hazard is effective. Currently, for holders of a FCC construction permit, the Determination is valid for as long as the authorization is valid, including any extensions of the FCC authorization that may be granted by the FCC. The FAA proposed that the Determination now be valid only for so long as the initial FCC construction permit is valid - and that if the permit holder requests an extension from the FCC, the holder must also obtain an extension of the Determination of No Hazard from the FAA.

Comments are due by September 11, 2006. The NPRM is available here: http://dmses.dot.gov/docimages/p85/401410.pdf

This summary was contributed by David Oxenford of the Davis Wright Tremaine LLP Washington, D.C. office.