Tell that to the hams who have been fined for non-compliant towers they don't own.
Joe M. > [EMAIL PROTECTED] wrote: > > Eric > > FCC Part 17 is attached and I can find no language in the compliance > section of 17.6 that a permittee, will be fined for site owner > non-compliance. For openers, the permittee must be actually aware of > the deficiency which in the absence of a voluntary admission, is even > more difficult to prove than "should have been aware." Assuming that > permittee is "aware" of some tower non-compliance, he is only obliged > to notify the 1) site owner, 2) site management, and 3) the FCC. No > permittee is required to correct the non-compliant condition unless > the FCC determines that the site owner is unable or unwilling to > correct the deficiency. Only then can the FCC instruct all tower users > that they must correct the deficiency themselves. Yes, at that late > point, failure of the permittee(s) to effect a timely correction of > the deficiency could result in a fine, but the FCC can't hold the > permittee a prisoner at the site and at any time during this bizarre > process, the permittee could say "to hell with this noise" and avoid > any possiility of liability by pulling his equipment out of the site > and advising the FCC of the action taken. The bottom line is that the > owner can't legally bail, but the tenant certainly can. > > Bruce K7IJ > > > In a message dated 6/16/2007 7:20:50 P.M. Pacific Daylight Time, > [EMAIL PROTECTED] writes: > > That is correct. Part 17 of the FCC Rules covers marking and > lighting of > Antenna Structures. FAA Advisory Circular AC 70/7460-1K > covers the > specifics. It might be a good idea to first determine if an > Aeronautical > Study has been performed on the subject tower. The FCC > requires that the > 7-digit Antenna Structure Registration number be posted at > the base of the > tower. You can look up that number at the FCC ASR Web site > to see what > studies have been documented. > > Unlighted towers that are required to be lighted can earn a > $10,000 fine for > each day of non-compliance, and that fine will be collected > from the tenants > if the tower owner can't be found or refuses to pay. Bottom > Line: Be > absolutely certain that you're not going to be saddled with > breathtaking > fines and/or expenses if the owner bails. > > 73, Eric Lemmon WB6FLY > > -----Original Message----- > From: [email protected] > [mailto:[EMAIL PROTECTED] On Behalf Of mch > Sent: Saturday, June 16, 2007 5:27 PM > To: [email protected] > Subject: Re: [Repeater-Builder] Re: Would You Do This? > > While this is true, ANYONE at the site can be fined for > non-compliance - > even a ham radio group who is prohibited from climbing the > tower or > making repairs. It doesn't matter who owns the tower > anymore. It used to > be that only the tower owner was responsible. Now, everyone > at the site > is. > > Joe M. > > Glenn Little WB4UIV wrote: > > > > If so the tower owner must ensure that the lights are > maintained and > > operating properly. > > > > ---------------------------------------------------------------------- > See what's free at AOL.com. > > > Name: > fcc-part-17-(tower-lighting-standards)-2003.pdf > fcc-part-17-(tower-lighting-standards)-2003.pdf Type: Acrobat > (application/pdf) > Encoding: base64
