[MilCom] Tower lighting - FAA vs FCC

[Sheldon Daitch]

I would disagree with you that the FAA has any rules that require
tower lighting and painting.  Read the literature carefully.

Even the FCC apparently agrees, see:

http://www.fcc.gov/mb/policy/dtv/lighting.html

which states (in part):

"The FCC has been given the authority by Congress to
require the painting and/or illumination of antenna towers
when it determines that such towers may otherwise constitute
a menace to air navigation. 47 U.S.C. § 303(q). The FCC's
rules governing antenna tower lighting and painting
requirements are based upon the advisory recommendations
of the FAA, which are set forth in two FAA Advisory
Circulars. 47 CFR §§ 17.21-17.58. Although the FAA's
lighting and painting standards are advisory in nature, the
FCC's rules make the standards mandatory. The standards
and specifications set forth in these FAA documents are
incorporated by reference into the FCC's rules, making
these advisory standards mandatory for antenna towers."

Note the phraseology "Although the FAA's lighting and
painting standards are advisory in nature, the FCC's rules
make the standards mandatory."

The primary FAA advisory circular, Advisory Circular 70/7460-1K,
Obstruction Marking and Lighting, is the basis for the FCC
requirements.

The system works, since almost all tower structures are either part
of or support FCC licensed radio facilities, and the tower lighting
recommendations from the FAA are incorporated in the FCC license
data.  On the other hand, one could erect a 250 foot flag pole and
as long as the intended construction of the flag pole is reported to
the FAA and the FAA reports its findings on the effect on air
navigation, the owner of the flagpole may erect this structure with
absolutely no FAA requirement for lighting or painting.  Maybe
not the wisest move, but a legal one.  Put an FCC licensed radio
system on the flag pole, it then becomes a lighting requirement.

Bear in mind, these are technical distinctions, between FAA authority
and FCC  authority, but they seem to be there, and I've really never
understood why it is not an FAA  requirement.  I think the reason is
that the FAA doesn't have statutory authority for tower structures,
while the FCC does have license authority over the radio side of
a structure.

73
Sheldon
WA4MZZ








  With all theses towers supposedly in excess of 200 feet above ground,
I
  wonder how many of them have been reported to the FAA for aeronautical

  studies?  Per FAA rules, any tower structure in excess of 200 feet
must be
  marked and lit.  Flashing red lights or a nice high intensity white
strobe
  would look great on these!

  Curious

  73's

  Tom, N1JQB
  Metro West Boston