Under current FCC rules, tower owners are generally required to notify the FAA within 30 minutes of discovering a lighting outage or malfunction, and they must take steps to repair the faulty lighting as rapidly as practicable. As of mid-January 2015, Notices to Airmen (NOTAMs) will no longer automatically expire after 15 days. Instead, tower owners will be able to self-select the amount of time needed to repair a faulty light rather than file another NOTAM every 15 days.
Background – Current Tower Notification Requirements
The FCC’s tower lighting rules contain notification and reporting requirements. One of the requirements that is strictly enforced is notification to the Federal Aviation Administration when a top steady light or flashing obstruction light has malfunctioned. Notification may be made by (1) calling the Outage Reporting and Notice to Airmen Line maintained by the Automated Flight Service Station (AFSS), 1-877-487-6867, or (2) completing a web-based form maintained by the FAA’s NOTAM Office (https://aim.faa.gov/notam/) [this link is not yet activated]. Submissions result automatically in the issuance of a NOTAM, alerting pilots to the lighting problem. NOTAMs expire automatically after 15 days.
New and Improved Process – Streamlined Notification Requirements
The FCC and the FAA are aware that in some cases, 15 days is not enough time to repair faulty lighting and that as a result, tower companies bear the burden of repeatedly resubmitting NOTAMs. The FCC’s Wireless Telecommunications Bureau issued an Advisory announcing that the FAA’s NOTAM Office intends to revise its web-based submission system to enable tower owners to specify the amount of time they will need to repair a faulty light. The change, which is expected to take effect in mid-January 2015, also applies to notifications made by telephone to the AFSS.
Obligations of Tower Tenants
Compliance with the painting and lighting requirements and all other tower regulations that the FCC enforces is not only the responsibility of tower owners, but also extends to tenants who occupy towers. If a tenant becomes aware that a structure is not properly maintained or has reason to question whether the tower owner is carrying out its responsibilities, the tenant must make “a diligent effort to immediately bring the structure into compliance.” If non-compliance continues, the FCC may require “each licensee or permittee authorized on an antenna structure to maintain the structure for an indefinite period.” See FCC rule 17.6.
Tower Decorations
Some tower owners add Christmas lights or call letters to the tower. In these cases, the lighting must satisfy the FCC’s illumination guidelines. Adding decorative marking and lighting to a tower is regarded as an alteration of the structure and must be cleared in advance with the FAA.
