The reason they want to know the frequencies is to do an RF interference study on things like radio navigation aids and/or Radar systems that might be affected. Other times it may be to determine if the structure might cause shadows on a radar system or if the tower may cause any detuning or antenna pattern alteration to low frequency aids they have in place.
When I used to file structures I would add not only the unlicensed bands, but also the typical cellular bands. Technically any time a new frequency has been added to a tower by any tenant and if the frequency/range and not previously noted on the application, the tower owner is required to refile for an updated approval. The FAA does not just do studies on a tower to check for airspace obstructions, the RF implications are just as important to them. Of the issues on a NEPA filing that was not completed, you could be in some historic preservation area/viewshed. They notify the tribal organizations for any possible issues, they many times have their “fee” to run their study (more like I won’t file anything and will go away fee). If I was concerned that a NEPA study was not done, the first thing I would look at is the ASR number filing in the database. That filing typically has any FFA study reference number in the record. If a no hazard determination was issued, that file number should have a year it was completed as part of the number. You can also search the FAA files to review that document. Thank You, Brian Webster www.wirelessmapping.com www.Broadband-Mapping.com From: AF [mailto:af-boun...@af.afmug.com] On Behalf Of Lewis Bergman Sent: Tuesday, October 29, 2019 8:08 AM To: AnimalFarm Microwave Users Group Subject: Re: [AFMUG] Tower lawyer I know when I file FAA studies I always pick a single frequncy range in the unlicensed spectrum, say 902-9258 or claim 5.65-5.7G. I figure its not their business anyway. On Tue, Oct 29, 2019 at 6:23 AM Tim Hardy <thardy...@gmail.com> wrote: >From an FAA perspective, purposefully so. In 2004, they tried a massive power >play to take authority from the FCC through Rule change that would have >required licensees and applicants to get prior FAA approval for any change or >addition to a previously cleared tower. Industry raised hell, and in 2007 FAA >issued this Co-location Policy: https://oeaaa.faa.gov/oeaaa/downloads/external/content/CVCC_FR_2007.pdf Funtimes! On Oct 28, 2019, at 11:03 PM, Ken Hohhof <af...@kwisp.com> wrote: “structure will emit frequencies” seems pretty vague. From: AF <af-boun...@af.afmug.com> On Behalf Of Lewis Bergman Sent: Monday, October 28, 2019 8:30 PM To: AnimalFarm Microwave Users Group <af@af.afmug.com> Subject: Re: [AFMUG] Tower lawyer Good points. I would suppose that an existing tower is unlikely to have been built without it but you never know. But since the whole discussion started with legal issues that is likely the biggest one. It wasn't brought up until later that a 350' tower was close by. As you said, the FAA site has a criteria tool that tells you if you have to file. Nice catch. On Mon, Oct 28, 2019, 8:22 PM Tim Hardy < <mailto:thardy...@gmail.com> thardy...@gmail.com> wrote: Lewis, I don’t have a comment on the NEPA side of this, but it should be pointed out that towers under 200’ can still require an ASR. The 200’ requirement is one of many and the only way to know for sure is to run the FAA Notice Criteria tool here: <https://oeaaa.faa.gov/oeaaa/external/gisTools/gisAction.jsp?action=showNoNoticeRequiredToolForm> https://oeaaa.faa.gov/oeaaa/external/gisTools/gisAction.jsp?action=showNoNoticeRequiredToolForm Here are some other instances where towers of any height can require an ASR: You must file with the FAA at least 45 days prior to construction if: · your structure will exceed 200ft above ground level · your structure will be in proximity to an airport and will exceed the slope ratio · your structure involves construction of a traverseway (i.e. highway, railroad, waterway etc...) and once adjusted upward with the appropriate vertical distance would exceed a standard of 77.9(a) or (b) · your structure will emit frequencies, and does not meet the conditions of the <https://oeaaa.faa.gov/oeaaa/downloads/external/content/CVCC_FR_2007.pdf> FAA Co-location Policy · your structure will be in an instrument approach area and might exceed part 77 Subpart C · your proposed structure will be in proximity to a navigation facility and may impact the assurance of navigation signal reception · your structure will be on an airport or heliport · filing has been requested by the FAA Thanks, Tim Sent from my iPad On Oct 28, 2019, at 4:45 PM, Lewis Bergman < <mailto:lewis.berg...@gmail.com> lewis.berg...@gmail.com> wrote: Well, First, an ASR isn't required on anything 200 foot or under. So is it over 200 foot? If yes and you don't plan on renting space out to someone else you technically don't need an ASR. You can get an ASR for almost any structure regardless of height. ASR's make some things easier, like getting licensed PTP links and letting people find the tower that might want to rent it for instance. If it is over 200 foot or already has an ASR, I won't bore you with the story but the fact it has no NEPA will likely only matter to a carrier. You can actually get an ASR and self certify that a NEPA isn't required in about 15 minutes if you have all the info in front of you and know what you are doing. The only reason you need a NEPA anyway is that the Feds say you need one to get an ASR, which is a Fed thing. No ASR needed, no NEPA required. NEPA can be frustrating. I spent months doing the work, hiring experts, etc, etc. all to come to the conclusion that no NEPA was required. It seems cyclical but the bottom line is you can do all the studies and if they come back clean the only place it is recorded is in the E-106 study, not the ASR.I'll show you an example of what I mean. The tower below had a full NEPA/NHPA <https://wireless2.fcc.gov/UlsApp/AsrSearch/asrRegistration.jsp?regKey=2702592> ASR 1302897 Here is the Enviro section. As you can see, it says " Environmental Notification is complete and an Environmental Assessment is not required. " You don't know it isn't required until you do it, but the effect of doing is the same as if you just clicked the box that it isn't required, one isn't needed. You can't submit an assessment if one isn't required, at least not the last time I did one. Kind of Catch 22 but if you tell the FCC that they can't even underatand why you would say that. Environmental Compliance Does the applicant request a Waiver of the Commission's rules for environmental notice? Is the applicant submitting an Environmental Assessment? No No Is another Federal Agency taking responsibility for environmental review? Does the applicant certify to No Significant Environmental Effect pursuant to Section No Yes Reason for another Federal Agency taking responsibility for environmental review Basis for Certification Environmental Notification is complete and an Environmental Assessment is not required. Name of Federal Agency Local Notice Date 05/25/2017 National Notice Date 05/30/2017 Anyway, up to you for what its worth. The bottom line, you are not required to do anything if you don't want an ASR. If you do, you have to start playing the Feds games. On Mon, Oct 28, 2019 at 2:30 PM Roland Houin < <mailto:rho...@fourway.net> rho...@fourway.net> wrote: My concern is that there are rumors that this site may not have been compliant with fcc requirements. Tower installed after 2000, no nepa? Want to make sure that there aren’t any suprises… Thanks for the advice.. Roland From: AF < <mailto:af-boun...@af.afmug.com> af-boun...@af.afmug.com> On Behalf Of <mailto:ch...@wbmfg.com> ch...@wbmfg.com Sent: Monday, October 28, 2019 3:13 PM To: AnimalFarm Microwave Users Group < <mailto:af@af.afmug.com> af@af.afmug.com> Subject: Re: [AFMUG] Tower lawyer Funny, when I saw the original post my first thought was: “do whatever Lewis says to do” From: Lewis Bergman Sent: Monday, October 28, 2019 6:11 PM To: AnimalFarm Microwave Users Group Subject: Re: [AFMUG] Tower lawyer In my experience, lawyers are really good at screwing up deals. But, if you are buying an asset, there aren't a lot of legal issues that follow assets other than sales taxes. I'm not saying you don't need a lawyer, just that a lot of lawyers gum up the negotiations so bad you can't get a deal done. To save money and time you should a very well defined idea of what the lawyer is going to do for you and communicate that. They aren't experts in everything and they charge you for the time it takes them to learn stuff. The last tower I bought from Crown Castle all I got was a bill of sale. No contract, no nothing. On Mon, Oct 28, 2019 at 11:08 AM Roland Houin < <mailto:rho...@fourway.net> rho...@fourway.net> wrote: Does anyone have recommendation for a lawyer etc to handle tower issued. I’m thinking of purchasing a tower, & want to make sure it’s compliant with todays legal issues. Roland -- AF mailing list <mailto:AF@af.afmug.com> AF@af.afmug.com <http://af.afmug.com/mailman/listinfo/af_af.afmug.com> http://af.afmug.com/mailman/listinfo/af_af.afmug.com -- Lewis Bergman 325-439-0533 Cell _____ -- AF mailing list <mailto:AF@af.afmug.com> AF@af.afmug.com <http://af.afmug.com/mailman/listinfo/af_af.afmug.com> http://af.afmug.com/mailman/listinfo/af_af.afmug.com -- AF mailing list <mailto:AF@af.afmug.com> AF@af.afmug.com <http://af.afmug.com/mailman/listinfo/af_af.afmug.com> http://af.afmug.com/mailman/listinfo/af_af.afmug.com -- Lewis Bergman 325-439-0533 Cell -- AF mailing list <mailto:AF@af.afmug.com> AF@af.afmug.com <http://af.afmug.com/mailman/listinfo/af_af.afmug.com> http://af.afmug.com/mailman/listinfo/af_af.afmug.com -- AF mailing list <mailto:AF@af.afmug.com> AF@af.afmug.com <http://af.afmug.com/mailman/listinfo/af_af.afmug.com> http://af.afmug.com/mailman/listinfo/af_af.afmug.com -- AF mailing list AF@af.afmug.com http://af.afmug.com/mailman/listinfo/af_af.afmug.com -- AF mailing list AF@af.afmug.com http://af.afmug.com/mailman/listinfo/af_af.afmug.com -- Lewis Bergman 325-439-0533 Cell
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