FCC Amends Antenna Structure Rules

On August 8, 2014, the FCC released a Report and Order updating its antenna structure rules, culminating a proceeding initiated by the FCC in 2010.

Background 

Under the FCC’s antenna structure rules, any proposed or existing antenna structure that requires notice of proposed construction to the Federal Aviation Administration (“FAA”) must be registered with the FCC.  In general, this obligation applies to towers exceeding 200 feet in height above ground level.  However, some shorter towers may also require registration depending on the tower’s location (e.g., proximity to an airport runway). 

Registering a tower with the FCC is a two-step process.  Antenna structure owners must first file a form with the FAA, and receive a determination from that agency that the structure will not pose a hazard to air navigation (the FAA will also provide marking and lighting requirements).  Next, the antenna structure owner must submit to the FCC the FAA’s “no hazard” determination and the FCC Form 854.  

If the application is accepted, the FCC incorporates the FAA’s “no hazard” determination, along with any FAA marking or lighting specifications and assigns the structure an Antenna Structure Registration (“ASR”) number.  Once an antenna structure is registered, owners must comply with various requirements, including monitoring and periodically inspecting tower lighting systems, reporting lighting outages to the FAA immediately, and repairing outages “as soon as practicable.” 

In addition, no changes to the specifications in the ASR are permitted without prior approval from both the FAA and the FCC.  Owners wishing to change an antenna structure’s specifications must first seek FAA approval, and only then may they file a request with the FCC to amend the ASR.

Order Summary

The FCC adopted numerous revisions to its antenna structure rules to simplify procedures and clarify the obligations of structure owners.  Key revisions in the Order include: 

Changes in Height or Location.  Any change or correction of one foot or more in tower height or one second in latitude or longitude now requires modification of an ASR.  This change updates the FCC’s rules so that they conform to FAA requirements for when a new “no hazard” determination is needed. 

Construction/Dismantlement Notice.  Notices of construction or dismantlement must now be filed with the FCC and FAA within five days.  Previously, FCC rules required construction or dismantlement notices to be filed within 24 hours or, in the case of a structure height change, immediately. 

Voluntary Registrations.  Not all antenna structures require registration with the FCC.  Some antenna structure owners voluntarily register their towers, and the FCC will continue to allow this practice.  The Commission clarified that it will not apply its lighting and marking requirements to voluntarily registered structures.

Posting of ASR Number.  Antenna structure owners must now display the ASR number so that it is visible to a member of the general public who reaches the closest publicly accessible location near the antenna structure base (e.g., a perimeter fence or access gate).  It is no longer sufficient to display ASR numbers “in a conspicuous place so that [the ASR] is readily visible near the base of the antenna structure.” 

Notification When Lights Go Out or Function Improperly.  FCC rules require antenna structure owners to promptly report outages of top steady burning lights or flashing antenna structure lights to the FAA so that the FAA can issue a Notice to Airmen (NOTAM).  However, because FAA NOTAMs expire after 15 days, the FCC will now require regular updates to the FAA throughout the entire period that the structure remains unlit. 

Lights Out Recordkeeping Requirement.  Owners must now retain records of observed or known extinguishments or improper functioning of structure lights for two years, and provide such records to the FCC upon request.

These rules will become effective 30 days after publication in the Federal Register, except for those rules which contain new or modified information collection requirements that require OMB approval.  The rules subject to OMB approval will become effective after the FCC publishes a notice in the Federal Register announcing such approval and the relevant effective date.

If you have any questions about the FCC’s antenna structure rules, please contact Scott Friedman or Jake Baldwin at (312) 372-3930 or sfriedman@cinnamonmueller.com or jbaldwin@cinnamonmueller.com. 

Media Bureau Requests Comment on Proposal to Impose Online Public File

Obligations on Cable Operators

On August 7, 2014, the FCC’s Media Bureau released a Public Notice seeking comment on a Petition for Rulemaking requesting that the FCC require cable operators and the DBS providers to post their pubic files in the FCC’s online database.  Comments are due August 28, 2014.  Reply Comments are due September 8, 2014.

In 2012, the FCC required broadcast television stations to post public file documents to an online database.  The petitioners now seek to expand this online public file requirement to cable operators and the DBS providers.  While this proceeding signals the Media Bureau’s intent to expand the online public file requirements to cable and DBS, the Bureau’s Public Notice is only the first step.    

It is important to note that the FCC’s current public file rules require that cable operators maintain certain files and records for inspection by the FCC, local franchising authorities, and the public.  Cable public file and recordkeeping requirements vary according to the size of the system – systems with fewer than 1,000 subscribers have the fewest obligations while systems with more than 5,000 subscribers have the most extensive obligations. 

If you have questions about the FCC’s public file obligations, please contact Scott Friedman at (312) 372-3930 or via email at sfriedman@cinnamonmueller.com.

FCC EEO Form 396-C Due September 30, 2014

On July 24, 2014, the Media Bureau released a Public Notice reminding multichannel video programming distributors (“MVPDs”), including cable operators, that Form 396-C, the FCC’s MVPD Equal Employment Opportunity (“EEO”) Program Annual Report, must be submitted electronically by midnight on September 30, 2014.  To file Form 396-C, login to the Media Bureau’s CDBS Electronic Filing System.

The Public Notice also lists the cable operators that the FCC randomly selected to file a Supplemental Investigation Sheet along with their Form 396-C.  For this year’s filing, Supplemental Investigation Sheet filers must:

• Include one job description for employees in the category “Sales Workers” in Part I of the form.

• Answer questions 1, 6, and 7 in Part II of the form:

                  Describe the employment unit’s efforts to comply with the outreach provisions of 47 C.F.R. § 76.75(b).

                  Report the findings of the employment unit’s analysis of its efforts to recruit, hire, promote in a nondiscriminatory manner and explain any difficulties encountered in implementing its EEO program.

                  Describe the level of responsibility of each level of the employment unit’s management with respect to application and enforcement of its  EEO policy and explain the procedure for review and control of managerial and supervisory performance.

• Attach, as Part III, a copy of the unit’s EEO public file report created in 2014 covering the previous 12 months.

If you have any questions about EEO compliance, please contact Scott Friedman at (312) 372-3930 or sfriedman@cinnamonmueller.com.

Copyright Forms and Fees Due by August 29, 2014

Cable operators must file with the U.S. Copyright Office their Statement of Accounts (Form SA1-2 or SA3) and pay any royalty fees due for the January 2014 – June 2014 accounting period by August 29, 2014. The following forms apply:

• SA1-2 Short Form. For use by cable systems with semiannual gross receipts of less than $527,600. 
• SA3 Long Form. For use by cable systems with semiannual gross receipts of $527,600 or more.

Copyright filings must be accompanied by a filing fee in addition to the royalty payment.  The filing fee is calculated based on the type of form filed:  

Operators must remit the royalty fee and filing fee in a single electronic payment.  If you have any questions about copyright forms or fees, please contact Jake Baldwin at (312) 372-3930 or jbaldwin@cinnamonmueller.com.