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 <m...@amplex.net> 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 <mailto:fcc_ch...@wispa.org>
> 419-261-5996
> 
>> On May 5, 2017, at 12:05 AM, David Williamson 
>> <dwilliam...@customcomputersva.com 
>> <mailto:dwilliam...@customcomputersva.com>> 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 database of communication towers available to aviators 
>> for reference and not require those tower owners to mark their towers.  
>>  
>>  
>> Regards,
>>  
>> <image001.jpg>
>> 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
>> <image002.jpg>
>>  
>>  
>>  
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