Re: [WISPA] FCC tower lighting question

[Mark Radabaugh]

Short addition…

Steve Coran has this (theoretically pending) NPRM on his watch list. 

I asked Ari and the Legislative group to see what is happening in Congress with 
CCA’s efforts.   If they are making any traction WISPA can pile on if the CCA’s 
plan works for us.

Mark

Mark Radabaugh
WISPA FCC Committee Chair
fcc_ch...@wispa.org
419-261-5996

> On May 5, 2017, at 10:52 AM, Mark Radabaugh  wrote:
> 
> This was something Congress enacted last year and it required the FAA to 
> issue the rule by 7/15/2017.   The FAA has not yet issued the NPRM or, as 
> best WISPA can tell, done anything in regard to the issue.   The FAA appears 
> to be ignoring it.
> 
> I asked what happens when a Federal Agency ignores a congressional directive 
> - and the answer appears to be “Nothing”.   If Congress gets mad enough they 
> haul the offending commissioners in for congressional hearings and complain a 
> lot.  
> 
> The FCC can’t issue the regulation without going through the rule making 
> process, and they have not started the process.   I don’t believe it’s 
> possible for the FAA to meet the statutory timetables required to issue the 
> regulation by 7/15.
> 
> This regulation was aimed at the thin metrology towers the wind energy 
> industry likes to pop up temporarily anywhere and everywhere with little 
> notice.   If the FAA follows the spirit of the law it should not generally 
> effect us - but we don’t know what they are going to do since they have not 
> started yet.
>  
> Mark Radabaugh
> WISPA FCC Committee Chair
> fcc_ch...@wispa.org 
> 419-261-5996
> 
>> On May 5, 2017, at 12:05 AM, David Williamson 
>> > > wrote:
>> 
>> Can someone comment on whether this new ruling is going to pass or not:
>>  
>> New FAA Marking Requirements May Impact Rural Towers Under 200 Feet 
>>  
>> A recently passed law, the FAA Extension, Safety, and Security Act of 2016 
>> (Act), will affect certain towers that are between fifty (50) and two 
>> hundred (200) feet in height by requiring that many of these towers in rural 
>> areas be marked and lit. The law, passed to protect agricultural aviators 
>> (crop dusters), will make rural towers previously not subject to Federal 
>> Aviation Administration (FAA) requirements more visible with painted 
>> markings and other visibility attachments.  The Act also requires these 
>> towers to be documented in an FAA database.  The FAA must issue regulations 
>> by July 15, 2017. As compliance with these rules may prove costly to 
>> wireless carriers, particularly where they are unnecessary, we are working 
>> with the Competitive Carriers Association (CCA) to create an exemption for 
>> communication towers.  Your feedback on specific towers in your service 
>> areas is requested.
>>  
>> Summary of the FAA Extension, Safety, and Security Act
>>  
>> The term "covered tower" is defined in Section 2110(d) of the Act as a 
>> structure that: is self-standing or supported by guy wires; is 10 feet or 
>> less in diameter; is between 50 - 200 feet AGL; has accessory facilities on 
>> which equipment is mounted; and is located outside an incorporated city or 
>> town, or on undeveloped or agricultural land. The term does not include a 
>> structure that is:  adjacent to a house, barn, electric utility station, or 
>> other building; within the curtilage of a farmstead; a utility transmission 
>> pole; a wind turbine with a rotor blade radius over 6 feet; or a street 
>> lighted maintained by a Federal, State, local or tribal entity.
>>  
>> The Act requires that all covered towers constructed on or after the date on 
>> which the regulations take effect must be marked in a manner consistent with 
>> guidance under the FAA Advisory Circular issued on December 4, 2015 (AC 
>> 70/7460-1L) or other guidance as determined by the Administrator. Existing 
>> covered towers, constructed before the regulations take effect, will have an 
>> additional year to comply with the new regulations. 
>>  
>> AC 70/7460-IL recommends that towers under 200 feet be painted with 
>> alternate bands of aviation orange and white paint. The band width should be 
>> equivalent to 1/7 of the tower height and the paint must be reapplied if it 
>> begins to fade. The Advisory Circular also recommends that high-visibility 
>> sleeves and aviation orange spherical market balls be installed on any outer 
>> guy wires. 
>>  
>> The new law also creates an FAA database of all towers covered under this 
>> provision. The database will contain location and height information of each 
>> Covered Tower. The FAA administrator will ensure that any proprietary 
>> information in the database is protected from disclosure in accordance with 
>> the law. 
>>  
>> Exemption Proposal and Input Request
>>  
>> As mentioned above, we are working with CCA to create an exemption or carve 
>> out for 

Re: [WISPA] FCC tower lighting question

[Cookler, Kevin]

The FAA has not yet proposed any new rules.  The law discussed below was passed 
in 2016 and requires the FAA to issue regulations by this summer (within one 
year of the Act), but the FAA has not yet initiated a rulemaking.  FCC 
Commissioner O'Reilly has called for changes to the law.  As discussed, it 
appears that others such as CCA are continuing to work with Congress to revise 
the law.  My understanding is that other trade associations are also pushing 
for changes to the law.  It remains to be seen whether Congress will adopt any 
further changes.

The FAA, through its anticipated rulemaking proceeding, may decide to limit the 
scope of any new tower marking requirements or it could greatly expand the 
universe of towers that have to be marked.  Therefore, it will be important to 
monitor this proceeding and be prepared to file comments.


Kevin M. Cookler
Lerman Senter PLLC<http://www.lermansenter.com/> | 2001 L Street NW, Suite 400 
| Washington, DC 20036
202-416-6749 (d) | kcook...@lermansenter.com<mailto:kcook...@lermansenter.com>

From: wireless-boun...@wispa.org [mailto:wireless-boun...@wispa.org] On Behalf 
Of David Williamson
Sent: Friday, May 05, 2017 12:05 AM
To: wireless@wispa.org
Subject: [WISPA] FCC tower lighting question

Can someone comment on whether this new ruling is going to pass or not:

New FAA Marking Requirements May Impact Rural Towers Under 200 Feet

A recently passed law, the FAA Extension, Safety, and Security Act of 2016 
(Act), will affect certain towers that are between fifty (50) and two hundred 
(200) feet in height by requiring that many of these towers in rural areas be 
marked and lit. The law, passed to protect agricultural aviators (crop 
dusters), will make rural towers previously not subject to Federal Aviation 
Administration (FAA) requirements more visible with painted markings and other 
visibility attachments.  The Act also requires these towers to be documented in 
an FAA database.  The FAA must issue regulations by July 15, 2017. As 
compliance with these rules may prove costly to wireless carriers, particularly 
where they are unnecessary, we are working with the Competitive Carriers 
Association (CCA) to create an exemption for communication towers.  Your 
feedback on specific towers in your service areas is requested.

Summary of the FAA Extension, Safety, and Security Act

The term "covered tower" is defined in Section 2110(d) of the Act as a 
structure that: is self-standing or supported by guy wires; is 10 feet or less 
in diameter; is between 50 - 200 feet AGL; has accessory facilities on which 
equipment is mounted; and is located outside an incorporated city or town, or 
on undeveloped or agricultural land. The term does not include a structure that 
is:  adjacent to a house, barn, electric utility station, or other building; 
within the curtilage of a farmstead; a utility transmission pole; a wind 
turbine with a rotor blade radius over 6 feet; or a street lighted maintained 
by a Federal, State, local or tribal entity.

The Act requires that all covered towers constructed on or after the date on 
which the regulations take effect must be marked in a manner consistent with 
guidance under the FAA Advisory Circular issued on December 4, 2015 (AC 
70/7460-1L) or other guidance as determined by the Administrator. Existing 
covered towers, constructed before the regulations take effect, will have an 
additional year to comply with the new regulations.

AC 70/7460-IL recommends that towers under 200 feet be painted with alternate 
bands of aviation orange and white paint. The band width should be equivalent 
to 1/7 of the tower height and the paint must be reapplied if it begins to 
fade. The Advisory Circular also recommends that high-visibility sleeves and 
aviation orange spherical market balls be installed on any outer guy wires.

The new law also creates an FAA database of all towers covered under this 
provision. The database will contain location and height information of each 
Covered Tower. The FAA administrator will ensure that any proprietary 
information in the database is protected from disclosure in accordance with the 
law.

Exemption Proposal and Input Request

As mentioned above, we are working with CCA to create an exemption or carve out 
for communication towers. Based on meetings with Senate Commerce Committee 
staff, CCA is working to include in the exemption any tower possessing clear, 
visual cues such as bases, attachments, antennas, or any equipment critical to 
service. Other suggestions for exemption include temporary towers or CoWs, 
towers that comply with local zoning ordinances and/or National Historic 
Preservation Act, towers with an antenna array over five feet (5') in diameter, 
guy wired towers, and towers with antennas that have reflective material. With 
regard to the FAA database, an alternative proposal is to make a database of 
communication towers available to aviators for reference

Re: [WISPA] FCC tower lighting question

[Mike Hammett]

WISPA reported on this a while back. It was in response to some airplane 
crashes on towers that weren't required to be lit. 




- 
Mike Hammett 
Intelligent Computing Solutions 

Midwest Internet Exchange 

The Brothers WISP 

- Original Message -

From: "David Williamson" <dwilliam...@customcomputersva.com> 
To: wireless@wispa.org 
Sent: Thursday, May 4, 2017 11:05:07 PM 
Subject: [WISPA] FCC tower lighting question 



Can someone comment on whether this new ruling is going to pass or not: 

New FAA Marking Requirements May Impact Rural Towers Under 200 Feet 

A recently passed law, the FAA Extension, Safety, and Security Act of 2016 
(Act), will affect certain towers that are between fifty (50) and two hundred 
(200) feet in height by requiring that many of these towers in rural areas be 
marked and lit. The law, passed to protect agricultural aviators (crop 
dusters), will make rural towers previously not subject to Federal Aviation 
Administration (FAA) requirements more visible with painted markings and other 
visibility attachments. The Act also requires these towers to be documented in 
an FAA database. The FAA must issue regulations by July 15, 2017. As compliance 
with these rules may prove costly to wireless carriers, particularly where they 
are unnecessary, we are working with the Competitive Carriers Association (CCA) 
to create an exemption for communication towers. Your feedback on specific 
towers in your service areas is requested. 

Summary of the FAA Extension, Safety, and Security Act 

The term "covered tower" is defined in Section 2110(d) of the Act as a 
structure that: is self-standing or supported by guy wires; is 10 feet or less 
in diameter; is between 50 - 200 feet AGL; has accessory facilities on which 
equipment is mounted; and is located outside an incorporated city or town, or 
on undeveloped or agricultural land. The term does not include a structure that 
is: adjacent to a house, barn, electric utility station, or other building; 
within the curtilage of a farmstead; a utility transmission pole; a wind 
turbine with a rotor blade radius over 6 feet; or a street lighted maintained 
by a Federal, State, local or tribal entity. 

The Act requires that all covered towers constructed on or after the date on 
which the regulations take effect must be marked in a manner consistent with 
guidance under the FAA Advisory Circular issued on December 4, 2015 (AC 
70/7460-1L) or other guidance as determined by the Administrator. Existing 
covered towers, constructed before the regulations take effect, will have an 
additional year to comply with the new regulations. 

AC 70/7460-IL recommends that towers under 200 feet be painted with alternate 
bands of aviation orange and white paint. The band width should be equivalent 
to 1/7 of the tower height and the paint must be reapplied if it begins to 
fade. The Advisory Circular also recommends that high-visibility sleeves and 
aviation orange spherical market balls be installed on any outer guy wires. 

The new law also creates an FAA database of all towers covered under this 
provision. The database will contain location and height information of each 
Covered Tower. The FAA administrator will ensure that any proprietary 
information in the database is protected from disclosure in accordance with the 
law. 

Exemption Proposal and Input Request 

As mentioned above, we are working with CCA to create an exemption or carve out 
for communication towers. Based on meetings with Senate Commerce Committee 
staff, CCA is working to include in the exemption any tower possessing clear, 
visual cues such as bases, attachments, antennas, or any equipment critical to 
service. Other suggestions for exemption include temporary towers or CoWs, 
towers that comply with local zoning ordinances and/or National Historic 
Preservation Act, towers with an antenna array over five feet (5') in diameter, 
guy wired towers, and towers with antennas that have reflective material. With 
regard to the FAA database, an alternative proposal is to make a database of 
communication towers available to aviators for reference and not require those 
tower owners to mark their towers. 


Regards, 

Description: Description: Description: Description: signature-large
David Williamson 
Owner 
Custom Computers 
Winchester Wireless 
2979 Valley Avenue 
Winchester, VA 22601-2631 

www.customcomputersva.com 
www.winchesterwireless.com 
da...@customcomputersva.com 
540-722-9688 ext. 223 Office 
877-765-3700 Fax 
Description: Description: Description: WW-CC-Logo



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Re: [WISPA] FCC tower lighting question

[Mark Radabaugh]

This was something Congress enacted last year and it required the FAA to issue 
the rule by 7/15/2017.   The FAA has not yet issued the NPRM or, as best WISPA 
can tell, done anything in regard to the issue.   The FAA appears to be 
ignoring it.

I asked what happens when a Federal Agency ignores a congressional directive - 
and the answer appears to be “Nothing”.   If Congress gets mad enough they haul 
the offending commissioners in for congressional hearings and complain a lot.  

The FCC can’t issue the regulation without going through the rule making 
process, and they have not started the process.   I don’t believe it’s possible 
for the FAA to meet the statutory timetables required to issue the regulation 
by 7/15.

This regulation was aimed at the thin metrology towers the wind energy industry 
likes to pop up temporarily anywhere and everywhere with little notice.   If 
the FAA follows the spirit of the law it should not generally effect us - but 
we don’t know what they are going to do since they have not started yet.
 
Mark Radabaugh
WISPA FCC Committee Chair
fcc_ch...@wispa.org
419-261-5996

> On May 5, 2017, at 12:05 AM, David Williamson 
>  wrote:
> 
> Can someone comment on whether this new ruling is going to pass or not:
>  
> New FAA Marking Requirements May Impact Rural Towers Under 200 Feet 
>  
> A recently passed law, the FAA Extension, Safety, and Security Act of 2016 
> (Act), will affect certain towers that are between fifty (50) and two hundred 
> (200) feet in height by requiring that many of these towers in rural areas be 
> marked and lit. The law, passed to protect agricultural aviators (crop 
> dusters), will make rural towers previously not subject to Federal Aviation 
> Administration (FAA) requirements more visible with painted markings and 
> other visibility attachments.  The Act also requires these towers to be 
> documented in an FAA database.  The FAA must issue regulations by July 15, 
> 2017. As compliance with these rules may prove costly to wireless carriers, 
> particularly where they are unnecessary, we are working with the Competitive 
> Carriers Association (CCA) to create an exemption for communication towers.  
> Your feedback on specific towers in your service areas is requested.
>  
> Summary of the FAA Extension, Safety, and Security Act
>  
> The term "covered tower" is defined in Section 2110(d) of the Act as a 
> structure that: is self-standing or supported by guy wires; is 10 feet or 
> less in diameter; is between 50 - 200 feet AGL; has accessory facilities on 
> which equipment is mounted; and is located outside an incorporated city or 
> town, or on undeveloped or agricultural land. The term does not include a 
> structure that is:  adjacent to a house, barn, electric utility station, or 
> other building; within the curtilage of a farmstead; a utility transmission 
> pole; a wind turbine with a rotor blade radius over 6 feet; or a street 
> lighted maintained by a Federal, State, local or tribal entity.
>  
> The Act requires that all covered towers constructed on or after the date on 
> which the regulations take effect must be marked in a manner consistent with 
> guidance under the FAA Advisory Circular issued on December 4, 2015 (AC 
> 70/7460-1L) or other guidance as determined by the Administrator. Existing 
> covered towers, constructed before the regulations take effect, will have an 
> additional year to comply with the new regulations. 
>  
> AC 70/7460-IL recommends that towers under 200 feet be painted with alternate 
> bands of aviation orange and white paint. The band width should be equivalent 
> to 1/7 of the tower height and the paint must be reapplied if it begins to 
> fade. The Advisory Circular also recommends that high-visibility sleeves and 
> aviation orange spherical market balls be installed on any outer guy wires. 
>  
> The new law also creates an FAA database of all towers covered under this 
> provision. The database will contain location and height information of each 
> Covered Tower. The FAA administrator will ensure that any proprietary 
> information in the database is protected from disclosure in accordance with 
> the law. 
>  
> Exemption Proposal and Input Request
>  
> As mentioned above, we are working with CCA to create an exemption or carve 
> out for communication towers. Based on meetings with Senate Commerce 
> Committee staff, CCA is working to include in the exemption any tower 
> possessing clear, visual cues such as bases, attachments, antennas, or any 
> equipment critical to service. Other suggestions for exemption include 
> temporary towers or CoWs, towers that comply with local zoning ordinances 
> and/or National Historic Preservation Act, towers with an antenna array over 
> five feet (5') in diameter, guy wired towers, and towers with antennas that 
> have reflective material. With regard to the FAA database, an alternative 
> proposal is to make a 

Re: [WISPA] FCC tower lighting question

[Joe Lenig]

GEEZE... can a guy get a break?  

 

Joe Lenig

VABB

From: wireless-boun...@wispa.org [mailto:wireless-boun...@wispa.org] On
Behalf Of David Williamson
Sent: Friday, May 5, 2017 12:05 AM
To: wireless@wispa.org
Subject: [WISPA] FCC tower lighting question

 

Can someone comment on whether this new ruling is going to pass or not:

 

New FAA Marking Requirements May Impact Rural Towers Under 200 Feet 

 

A recently passed law, the FAA Extension, Safety, and Security Act of 2016
(Act), will affect certain towers that are between fifty (50) and two
hundred (200) feet in height by requiring that many of these towers in rural
areas be marked and lit. The law, passed to protect agricultural aviators
(crop dusters), will make rural towers previously not subject to Federal
Aviation Administration (FAA) requirements more visible with painted
markings and other visibility attachments.  The Act also requires these
towers to be documented in an FAA database.  The FAA must issue regulations
by July 15, 2017. As compliance with these rules may prove costly to
wireless carriers, particularly where they are unnecessary, we are working
with the Competitive Carriers Association (CCA) to create an exemption for
communication towers.  Your feedback on specific towers in your service
areas is requested.

 

Summary of the FAA Extension, Safety, and Security Act

 

The term "covered tower" is defined in Section 2110(d) of the Act as a
structure that: is self-standing or supported by guy wires; is 10 feet or
less in diameter; is between 50 - 200 feet AGL; has accessory facilities on
which equipment is mounted; and is located outside an incorporated city or
town, or on undeveloped or agricultural land. The term does not include a
structure that is:  adjacent to a house, barn, electric utility station, or
other building; within the curtilage of a farmstead; a utility transmission
pole; a wind turbine with a rotor blade radius over 6 feet; or a street
lighted maintained by a Federal, State, local or tribal entity.

 

The Act requires that all covered towers constructed on or after the date on
which the regulations take effect must be marked in a manner consistent with
guidance under the FAA Advisory Circular issued on December 4, 2015 (AC
70/7460-1L) or other guidance as determined by the Administrator. Existing
covered towers, constructed before the regulations take effect, will have an
additional year to comply with the new regulations. 

 

AC 70/7460-IL recommends that towers under 200 feet be painted with
alternate bands of aviation orange and white paint. The band width should be
equivalent to 1/7 of the tower height and the paint must be reapplied if it
begins to fade. The Advisory Circular also recommends that high-visibility
sleeves and aviation orange spherical market balls be installed on any outer
guy wires. 

 

The new law also creates an FAA database of all towers covered under this
provision. The database will contain location and height information of each
Covered Tower. The FAA administrator will ensure that any proprietary
information in the database is protected from disclosure in accordance with
the law. 

 

Exemption Proposal and Input Request

 

As mentioned above, we are working with CCA to create an exemption or carve
out for communication towers. Based on meetings with Senate Commerce
Committee staff, CCA is working to include in the exemption any tower
possessing clear, visual cues such as bases, attachments, antennas, or any
equipment critical to service. Other suggestions for exemption include
temporary towers or CoWs, towers that comply with local zoning ordinances
and/or National Historic Preservation Act, towers with an antenna array over
five feet (5') in diameter, guy wired towers, and towers with antennas that
have reflective material. With regard to the FAA database, an alternative
proposal is to make a database of communication towers available to aviators
for reference and not require those tower owners to mark their towers.  

 

 

Regards,

 



David Williamson

Owner

Custom Computers

Winchester Wireless

2979 Valley Avenue

Winchester, VA 22601-2631

 

www.customcomputersva.com <http://www.customcomputersva.com/> 

www.winchesterwireless.com <http://www.winchesterwireless.com/>  

da...@customcomputersva.com <mailto:da...@customcomputersva.com> 

540-722-9688 ext. 223 Office

877-765-3700 Fax



 

 

 

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[WISPA] FCC tower lighting question

[David Williamson]

Can someone comment on whether this new ruling is going to pass or not:

 

New FAA Marking Requirements May Impact Rural Towers Under 200 Feet 

 

A recently passed law, the FAA Extension, Safety, and Security Act of
2016 (Act), will affect certain towers that are between fifty (50) and
two hundred (200) feet in height by requiring that many of these towers
in rural areas be marked and lit. The law, passed to protect
agricultural aviators (crop dusters), will make rural towers previously
not subject to Federal Aviation Administration (FAA) requirements more
visible with painted markings and other visibility attachments.  The Act
also requires these towers to be documented in an FAA database.  The FAA
must issue regulations by July 15, 2017. As compliance with these rules
may prove costly to wireless carriers, particularly where they are
unnecessary, we are working with the Competitive Carriers Association
(CCA) to create an exemption for communication towers.  Your feedback on
specific towers in your service areas is requested.

 

Summary of the FAA Extension, Safety, and Security Act

 

The term "covered tower" is defined in Section 2110(d) of the Act as a
structure that: is self-standing or supported by guy wires; is 10 feet
or less in diameter; is between 50 - 200 feet AGL; has accessory
facilities on which equipment is mounted; and is located outside an
incorporated city or town, or on undeveloped or agricultural land. The
term does not include a structure that is:  adjacent to a house, barn,
electric utility station, or other building; within the curtilage of a
farmstead; a utility transmission pole; a wind turbine with a rotor
blade radius over 6 feet; or a street lighted maintained by a Federal,
State, local or tribal entity.

 

The Act requires that all covered towers constructed on or after the
date on which the regulations take effect must be marked in a manner
consistent with guidance under the FAA Advisory Circular issued on
December 4, 2015 (AC 70/7460-1L) or other guidance as determined by the
Administrator. Existing covered towers, constructed before the
regulations take effect, will have an additional year to comply with the
new regulations. 

 

AC 70/7460-IL recommends that towers under 200 feet be painted with
alternate bands of aviation orange and white paint. The band width
should be equivalent to 1/7 of the tower height and the paint must be
reapplied if it begins to fade. The Advisory Circular also recommends
that high-visibility sleeves and aviation orange spherical market balls
be installed on any outer guy wires. 

 

The new law also creates an FAA database of all towers covered under
this provision. The database will contain location and height
information of each Covered Tower. The FAA administrator will ensure
that any proprietary information in the database is protected from
disclosure in accordance with the law. 

 

Exemption Proposal and Input Request

 

As mentioned above, we are working with CCA to create an exemption or
carve out for communication towers. Based on meetings with Senate
Commerce Committee staff, CCA is working to include in the exemption any
tower possessing clear, visual cues such as bases, attachments,
antennas, or any equipment critical to service. Other suggestions for
exemption include temporary towers or CoWs, towers that comply with
local zoning ordinances and/or National Historic Preservation Act,
towers with an antenna array over five feet (5') in diameter, guy wired
towers, and towers with antennas that have reflective material. With
regard to the FAA database, an alternative proposal is to make a
database of communication towers available to aviators for reference and
not require those tower owners to mark their towers.  

 

 

Regards,

 

 

David Williamson

Owner

Custom Computers

Winchester Wireless

2979 Valley Avenue

Winchester, VA 22601-2631

 

www.customcomputersva.com  

www.winchesterwireless.com   

da...@customcomputersva.com  

540-722-9688 ext. 223 Office

877-765-3700 Fax

 

 

 

 

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