The recent news brings a chilling reminder of a tower owner's obligation to ascertain and report any failure of required tower lighting.

Apparently, an Army helicopter struck the guy wires of an unlit television tower in heavy fog, killing seven occupants. The report indicated that the lighting malfunction had been caused by severe rain storms. Significantly, it had been reported to the FAA which, in turn, had issued an official notice to pilots. Had the tower owner neglected its reporting obligation, it could have been faced with a massive lawsuit and a devastating liability.

The FCC's rules impose upon the owner of any antenna structure registered with the FCC and that has been assigned lighting specifications an obligation to observe its lights at least once during each 24 hour period, either directly or through an automatic properly-maintained indicator. In addition, such owners must install and maintain an automatic alarm system designed to detect and indicate any lighting failure. All automatic equipment must be inspected at least once every three months to ensure proper functioning.

Owners of registered towers with lighting specifications must report any extinguishment or improper functioning of a top steady burning light or a flashing obstruction light anywhere on the tower that has not been corrected within 30 minutes. The report must be made to the nearest flight service station or office of the FAA by telephone or telegraph and must include full information concerning the extent and circumstances of the failure, as well as identifying information (the FCC Antenna Structure Registration number, the structure height and the person making the report). Immediate notice must again be given upon resumption of normal lighting operation. The only exception to the notification requirement is for steady burning side intermediate lights.

Tower owners must also maintain a record of any observed or otherwise known extinguishment or improper functioning of a structure light, including the date and time of FAA notification.

Needless to say, the failure to observe these requirements can have tragic results. Please let us know if you need any further information.

The Communications Lawyers at
Womble Carlyle Sandridge & Rice, PLLC
(202) 467-6900