-----TITLE 14 - AERONAUTICS AND SPACECHAPTER I - FEDERAL AVIATION ADMINISTRATION, DEPARTMENT OF TRANSPORTATIONSUBCHAPTER E - AIRSPACEPART 77 - OBJECTS AFFECTING NAVIGABLE AIRSPACEsubpart b - NOTICE OF CONSTRUCTION OR ALTERATION77.17 - Form and time of notice.(c) A proposed structure or an alteration to an existing structure that exceeds 2,000 feet in height above the ground will be presumed to be a hazard to air navigation and to result in an inefficient utilization of airspace and the applicant has the burden of overcoming that presumption. Each notice submitted under the pertinent provisions of this part 77 proposing a structure in excess of 2,000 feet above ground, or an alteration that will make an existing structure exceed that height, must contain a detailed showing, directed to meeting this burden. Only in exceptional cases, where the FAA concludes that a clear and compelling showing has been made that it would not result in an inefficient utilization of the airspace and would not result in a hazard to air navigation, will a determination of no hazard be issued.http://cfr.vlex.com/vid/77-17-form-a...otice-19562030 TITLE 47 - TELECOMMUNICATIONCHAPTER I - FEDERAL COMMUNICATIONS COMMISSIONSUBCHAPTER A - GENERALPART 1 - PRACTICE AND PROCEDUREsubpart a - GENERAL RULES OF PRACTICE AND PROCEDURE1.61 - Procedures for handling applications requiring special aeronautical study.Note: By Commission Order (FCC 65455), 30 FR 7419, June 5, 1965, the Commission issued the following policy statement concerning the height of radio and television antenna towers: We have concluded that this objective can best be achieved by adopting the following policy: Applications for antenna towers higher than 2,000 feet above ground will be presumed to be inconsistent with the public interest, and the applicant will have a burden of overcoming that strong presumption. The applicant must accompany its application with a detailed showing directed to meeting this burden. Only in the exceptional case, where the Commission concludes that a clear and compelling showing has been made that there are public interest reasons requiring a tower higher than 2,000 feet above ground, and after the parties have complied with applicable FAA procedures, and full Commission coordination with FAA on the question of menace to air navigation, will a grant be made. Applicants and parties in interest will, of course, be afforded their statutory hearing rights.http://cfr.vlex.com/vid/77-17-form-a...otice-19562030 |
Here is what the FCC has to say on the above-referenced FCC & FAA regulations:
Although there is no absolute height limit for antenna towers, both agencies have established a rebuttable presumption against structures over 2,000 feet above ground level. The FCC has a policy that applications filed with the FCC for antenna towers higher than 2,000 feet above ground will be presumed to be inconsistent with the public interest and the applicant will have a burden of overcoming that strong presumption. The applicant must accompany its application with a detailed showing directed to meeting this burden. Only in the exceptional case, where the Commission concludes that a clear and compelling showing has been made that there are public interest reasons requiring a tower higher than 2,000 feet above ground, and after the parties have complied with applicable FAA procedures, and full Commission coordination with FAA on the question of menace to air navigation, will a grant be made. See 47 CFR § 1.61 Note.The FAA presumption against construction of structures over a certain height is set forth in the FAA rules. A proposed structure or an alteration to an existing structure that exceeds 2,000 feet in height above the ground will be presumed to be a hazard to air navigation and to result in an inefficient utilization of airspace and the applicant has the burden of overcoming that presumption. Each notice submitted under the FAA rules proposing a structure in excess of 2,000 feet above ground must contain a detailed showing, directed to meeting this burden. Only in exceptional cases, where the FAA concludes that a clear and compelling showing has been made that it would not result in an inefficient utilization of the airspace and would not result in a hazard to air navigation, will a determination of no hazard be issued. See 14 CFR § 77.17(c).http://www.fcc.gov/mb/policy/dtv/lighting.html |
im sorry but this is bullshit...if a developer has the money and the desire to build a 2000 or a 10000 ft structure he holds that right, bottom line planes have no need to fly through cities!!! so just reroute and keep planes way from urban areas with highrises thats all..problem solved..
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