What additional information is required for submitting 5G frequency notice of proposed construction?
In addition to the items normally required to be filed, the height of the antenna (Above Ground Level - AGL) should be supplied. This may be different from the height of the supporting structure. The supporting structure total height must still be filed as the height for the study. If the 5G antenna is mounted to the top and therefore increasing the height of the supporting structure, they would be the same. Other wise please use the height of the structure as the height filed, and include the actual antenna height within the description or attached documents.
For any technical questions contact FAA Spectrum Engineering, mailbox, 9-AJW-5G-RadAlt-Compatibility@faa.gov.
1. Is there a fee for obtaining a determination from the FAA?
No, there are no fees associated with any part of an aeronautical study or obtaining a determination from the FAA.
2. How do I know whether I'm required to file an FAA Form 7460-1, Notice of Proposed Construction or Alteration?
You may use the Notice Criteria Tool link to determine whether notice is required. The tool is based on Title 14, Code of Federal Regulations, Part 77 (14 CFR Part 77). There is a link to Part 77 on the home page of the website. Subpart B of part 77 identifies when construction or alteration requires or does not require notice.
If notice is required, you may submit your filing electronically via this website. If you don't have an account for e-filing, there are instructions on the home page for setting up your account and e-filing the notice ("Click Here for Instructions on how to E-file your proposal with the FAA"). If you are unable to file it electronically, the hard copy of the FAA Form 7460-1 may be sent to the Mail Processing Center in Fort Worth, Texas (the address and the form are available on the website).
3. I am planning to install a solar energy system. Do I need to file notice for this?
Only if the solar panel meets notice criteria. There is no special requirement for solar projects. Use the Notice Criteria Tool to determine whether the structure needs to be filed.
4. I am mounting Solar panels to the roof of my building. What “structure type” do I select?
Solar panels mounted on another structure, such as a building, should be filed as that structure (i.e., “Building”) if the structure meets notice criteria. Only ground-mounted solar panels should be filed as “Solar Panel” if it meets notice criteria. Use the Notice Criteria Tool to determine whether the structure or ground-mounted solar panel needs to be filed.
5. What happens if I don't file the notice for a structure that exceeds 14 CFR Part 77 notice criteria?
Notice required by 14 CFR Part 77 is pursuant to 49 U.S.C., Section 44718. Persons who knowingly and willingly violate the notice requirements of Part 77 are subject to a civil penalty of $1,000 per day until the notice is received, pursuant to 49 U.S.C., Section 46301(a).
6. When should I submit my notice?
In accordance with 14 CFR Part 77, you must provide notice at least 45 days before the start date of the proposed construction or alteration or the date an application for a construction permit is filed, whichever is earliest. However, we recommend that you file notice 60-90 days before planned construction. The aeronautical study process includes evaluations by various lines of business, and any identified impacts must be resolved before a final agency determination is issued. In addition, the proposal may warrant a 30-day public notice to obtain aeronautical impacts. There is no guarantee that a final agency determination will be issued at the end of 45 days, so the earlier you file, the better. 14 CFR Part 77 does not carry provisions for waivers or exemptions, so there is no way to shorten or bypass this process.
7. The airport manager and/or air traffic control tower manager said it's OK to put my crane up; do I still have to file an FAA Form 7460-1, Notice of Proposed Construction or Alteration?
Obtaining approval from the airport or air traffic control tower manager does not waive your requirement to submit the notice to the FAA if the structure meets the notice criteria of 14 CFR Part 77. You must receive a Determination of No Hazard to Air Navigation from the FAA and meet all conditions identified in the determination prior to raising the crane.
If the crane is being used for new construction, a notice must also be filed for the permanent structure if it meets 14 CFR Part 77. The FAA will not normally issue a determination for a crane that exceeds the notice criteria until notified in writing that the permanent structure either (1) does not require notice, or (2) the permanent structure required notice, has been studied, and a Determination of No Hazard to Air Navigation has been issued. Therefore, when submitting a notice for a crane, please indicate in the Description of Proposal field that the permanent structure does not require notice or the aeronautical study number for the permanent structure.
8. I just submitted a notice for my crane; how can I get my submittal expedited and receive my determination?
The purpose of an aeronautical study is to determine whether the aeronautical effects of the specific proposal and, where appropriate, the cumulative impact resulting from the proposed construction or alteration when combined with the effects of other existing or proposed structures, would constitute a hazard to air navigation. The FAA requires a reasonable amount of time to conduct the study. Whenever possible, all efforts are made to handle proposals expeditiously.
9. If my proposal is on a military airfield do I file it as on airport or off airport property?
All structures, wind turbine and non-wind turbine, on civil airport and joint-use airport property will be handled by the Airports Division and should be filed as “on-airport.” Unless the proposal is part of the “Military Construction Program,” all structures on military airports will be handled by OEG and should be filed as “off-airport.” Military Construction Program projects will be coordinated at the headquarters level.
10. What/who is the sponsor?
The sponsor can be you, your company, or your client. The sponsor is the person or business ultimately responsible for the construction or alteration. The sponsor appears as the addressee on all correspondence from the FAA. If the proposal involves changes to the coordinates, site elevation or height of the structure, the notice should be submitted by the owner.
11. I've received a Determination of No Hazard from the FAA, however, I am now in the process of selling the structure to someone else. How do I get the name on the determination changed to the new owner of the structure?
The FAA is not responsible for tracking changes in ownership. Therefore, if the FAA receives ownership changes it shall not make those corrections to issued determinations.
However, the original e-filer of the case can update the sponsor information through their registered e-filing account to reflect the new owner and ensure that the FAA has a means of contacting responsible parties with subsequent correspondence regarding the aeronautical study and determination.
12. How do I get the latitude and longitude?
The geographic coordinates may be obtained by utilizing a U.S. Geographical Survey (USGS) 7.5 minute quadrangle map or equivalent, a GPS receiver, a certified survey or other available mapping source. The coordinates must be converted to the degrees, minutes, seconds to the hundredth of a second format. The coordinates should be accurate to within the nearest second or hundredth of a second. If a certified survey is available, please submit it with the study.
13. For building proposals, what do I submit for the AGL height, just the building or any equipment/structures on top of the building?
The height above ground level should be the highest point, including any appurtenance or object on top of the building.
14. What point on a building should I use to submit my notice?
A single structure with multiple points of interest, such as a building, may be processed as a single obstruction evaluation study provided that all information including items such as maps, blue prints, elevations, etc., are provided. The highest site elevation, or finished floor elevation should be recorded as the site elevation. The tallest point on the structure should be recorded as the above ground elevation, and the closest point of the structure to the nearest runway should be recorded as the latitude/longitude. This information would be considered worst case and should be used for recording purposes. In the Description of Proposal field, state that the data submitted is the point of the building that is closest to the nearest runway and the tallest point of the building.
Note: If associated temporary construction equipment will be taller than the permanent structure, a separate notice is required. For analysis purposes, it may be necessary to use specific information for each point of interest. If initial review indicates that additional points are necessary for aeronautical study the FAA will advise the sponsor/representative via letter that additional filings are required.
15. How do I submit attachments with my notice?
Select the Instructions link in the OE/AAA Account section and refer to the Attaching Documents Desk Reference Guide. (https://oeaaa.faa.gov/oeaaa/external/content/instructions.jsp)
16. What happens after I submit the notice and associated attachments?
For those studies located off airport property or for those located on a military airfield, an aeronautical study will be conducted by the FAA Air Traffic Organization, Obstruction Evaluation Group (OEG). The OEG technician will verify that the information submitted is accurate and complete. If the information is inaccurate or incomplete the technician will request additional information. If no additional information is required the technician will verify the study which will change the status in your account to "Work in Progress." When the status is changed to "Work in Progress" your information is made available to other FAA offices and military representatives that need to review the proposal. Those offices will provide comments to the OEG and after all comments have been received, the OEG technician or specialist will issue the appropriate letter; when it's been issued the status in your account will change to "Determined." After the letter has been issued it will be available on the website. Select "Search Archives" and enter the ASN for a link to the study.
17. How do I respond to a request for additional information?
Select the Instructions link in the OE/AAA Account section and refer to the View Request-Respond to Add Letter Desk Reference Guide. (https://oeaaa.faa.gov/oeaaa/external/content/instructions.jsp)
18. How do I know who to contact if I have questions about my proposal?
For proposals studied as off-airport structures (OEs) or for those located on a military airfield, select the link labeled Air Traffic Areas of Responsibility. Select the state in which the structure would be located. The contact information for the technician, specialist and crane specialist assigned to that state will be provided.
For proposals on airport property (NRAs), select the link labeled Airports Regional Contacts and find the FAA Airports Region / District Office having jurisdiction over the airport on which the construction is located, and contact the office responsible for the state in which your structure would be located. Also, please contact that office with any questions pertaining to documents/sketches associated with on-airport structures that are e-filed.
19. Will my structure require obstruction lights?
FAA standards, procedures, and types of equipment specified for marking and lighting structures are presented in Advisory Circular (AC) 70/7460-1, Obstruction Marking and Lighting. These standards provide a uniform means to indicate the presence of structures and are the basis for recommending marking and lighting to the public. These standards are the minimum acceptable level of conspicuity to warn pilots of the presence of structures. All aeronautical studies include an evaluation to determine whether obstruction marking and/or lighting are necessary and to what extent. The sponsor shall utilize the type of obstruction marking/lighting that is specified in the determination. If the sponsor wishes to use a different type of marking/lighting, a notice must be submitted for a lighting study.
20. Obstruction light outage: Who do I notify if the lights on my structure aren't operating?
Select the Light Outage Reporting link in the Information Resources section for guidance. (https://oeaaa.faa.gov/oeaaa/external/content/LightOutageReporting.jsp)
21. May I mark and/or light my structure voluntarily if I'm not required to file a notice with FAA?
Yes, provided the marking and/or lighting is installed in accordance with the current FAA Advisory Circular (AC) 70/7460-1, Obstruction Marking and Lighting.
22. What is ADLS?
Aircraft Detection Lighting Systems (ADLS) are sensor-based systems designed to detect aircraft as they approach an obstruction or group of obstructions; these automatically activate the appropriate obstruction lights until they are no longer needed by the aircraft. This technology reduces the impact of nighttime lighting on nearby communities and migratory birds and extends the life expectancy of the obstruction lights. Specific guidance about using ADLS with obstruction lighting systems is described in the current FAA Advisory Circular 70/7460-1, Obstruction Marking and Lighting.
23. What does the expiration date on my determination apply to?
The determination will expire on the expiration date unless construction has begun or you have requested an extension of the determination at least 15 days prior to the expiration date. Construction is considered to have started if actual structural work has begun, such as the laying of a foundation but not including excavation.
24. Can I get a conditional determination so I can move forward with my proposal?
The FAA receives requests for conditional type determinations so that projects can obtain funding or be in compliance with production tax credit requirements, or for other reasons. It is our policy to have all outstanding issues resolved prior to issuing final agency determinations. When a no hazard determination is issued, the airspace for that structure is released. The FAA does not control land use issues and cannot issue determinations with conditions applicable to an event taking place in the future. We have no way to enforce or track these type of conditions and therefore cannot comply with requests for "conditional" type determinations.
25. How do I request an extension of my determination?
Select the Instructions link in the OE/AAA Account section and refer to the Request Extension Desk Reference Guide. (https://oeaaa.faa.gov/oeaaa/external/content/instructions.jsp)
26. How many extensions will the FAA grant?
After conducting a review, if no issues are identified that would cause a significant adverse effect, the FAA will grant one extension. After one extension is issued, if the structure has not been built, the FAA must receive a new filing and restudy the proposal.
27. How should I submit Supplemental Notice, FAA Form 7460-2?
To submit notice of actual construction or alteration, login to your account or register as a new user at https://oeaaa.faa.gov. Select the link labeled Add 7460-2 on your portal page. Enter the Aeronautical Study Number. From the Overview section select Add 7460-2 and select the type of Supplemental Notice that you will be providing. Complete all required fields and confirm your submission. When prompted be sure to check the box to certify the information you are reporting.
If your construction information includes any change to the originally submitted latitude/longitude coordinates or indicates a higher height, you will be notified by the system that a new filing is required. A new study will be automatically generated by the system. Complete any remaining required data fields and submit the filing so a revised determination may be issued. No new study is required for a height decrease only. The automated system will accept a height reduction when the Supplemental Notice (7460-2) is submitted. A corrected determination will be issued reflecting the reduced height. There is no time frame set for issuance of the corrected determination, but the OEG specialist/technician will issue it as soon as possible as workload allows.
28. How can I request termination of my study?
Select the Instructions link in the OE/AAA Account section and refer to the Request Termination-Dismantled-Abandoned Desk Reference Guide. (https://oeaaa.faa.gov/oeaaa/external/content/instructions.jsp)
29. I've received a Determination of No Hazard to Air Navigation for my structure. I've learned that the coordinates or height may be different than those noted in my determination. Am I required to file a new 7460-1 with the FAA?
A new filing is required with the FAA any time there is an increase in height and/or change to the frequencies or use of greater power and/or coordinates stated on the original determination letter. Changes to the described information will void your determination. Prior to the start of construction, you must file for a New Case (Off Airport) so the FAA may re-evaluate your proposal and issue a revised determination if there will be an increase in height, change to the frequencies or use of greater power, or change to the coordinates. You are also required to re-file for a lighting study if you intend to use marking/lighting other than what was stated as a condition on your determination letter. No new study is required for a height decrease only. If you do not file for a new study prior to the start of construction, when you submit Supplemental Notice (FAA Form 7460-2), the system will recognize the changes and initiate a new study for you. When the new study is initiated you will be required to certify the new information and submit a new filing so the FAA may re-evaluate your structure and issue a revised determination under a new Aeronautical Study Number (ASN). Any height revision that does not increase the height of the original proposal will be accepted via the electronic 7460-2 under the original ASN. A corrected determination will be issued reflecting the reduced height. There is no time frame set for issuance of the corrected determination, but the OEG specialist/technician will issue it as soon as possible as workload allows.
30. How long is a Determination of No Hazard to Air Navigation issued for?
A Determination of No Hazard to Air Navigation will be valid for 18 months. This is the maximum time as specified by 14 CFR Part 77.
31. Prior to a determination being issued, who can communicate with the FAA about a specific aeronautical study?
Communication with the FAA about a specific aeronautical study is allowed only for the sponsor and representative identified in the e-filing. Written permission can be uploaded to a study, or e-mailed to the specialist handling the study, by the sponsor or representative, identifying any individual authorized to communicate with the FAA about that specific study. The permission should include the individualâs name, phone number, and email address.
32. What happened to the DoD preliminary screening tool?
The DoD Military Aviation and Installation Assurance Siting Clearinghouse no longer maintains this tool. The DoD has a process for developers to request a mission compatibility evaluation of proposed energy projects located at https://www.acq.osd.mil/dodsc/contact/dod-review-process.html. Note: the DoD's informal review does not relieve you of any obligation to file notice with the FAA when your proposal meets 14 CFR Part 77.9 notice requirements.