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<> | 2001 L Street NW, Suite 400 
| Washington, DC 20036
202-416-6749 (d) |<>

From: [] On Behalf 
Of David Williamson
Sent: Friday, May 05, 2017 12:05 AM
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 

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.


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David Williamson
Custom Computers
Winchester Wireless
2979 Valley Avenue
Winchester, VA 22601-2631<><><>
540-722-9688 ext. 223 Office
877-765-3700 Fax
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