AMENDMENTS TO COMMUNICATIONS ACT OF 1934 WEDNESDAY, JUNE 23, 1965 U.S. SENATE, COMMITTEE ON COMMERCE, Washington, D.C. The subcommittee met, pursuant to notice, at 10:07 a.m., Hon. John O. Pastore (chairman of the subcommittee) presiding, in room 5110, New Senate Office Building, Washington, D.C. Senator PASTORE. This meeting will come to order. This is a hearing on six bills, and these bills have been introduced at the request of the Federal Communications Commission. а S. 903, a bill which amends the Communications Act so as to require a permittee or licensee to maintain the painting and illumination of a tower which has been licensed to transmit radio energy. In the event the licensee should cease to be licensed by the FCC for the transmission of radio energy, the owner of the tower would be required to maintain the painting and illumination until its dismantlement and the FCC may require the owner to remove the tower when the Administrator of the Federal Avitaion Agency deems that there is a reasonable possibility that it may constitute a menace to air navigation. Now, I think we ought to confine ourselves to that bill at this point. (Full text of S. 903, follows:) [S. 903, 89th Cong., 1st sess.] A BILL To amend the Communications Act of 1934, as amended, with respect to pointing, illumination, and dismantlement of radio towers Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 303 (q) of the Communications Act of 1934 (47 U.S.C. 303 (q)) is amended by inserting after the period at the end thereof the following: "The permittee or licensee shall maintain the painting and/or illumination of the tower as prescribed by the Commission pursuant to this section. In the event that the tower ceases to be licensed by the Commission for the transmission of radio energy, the owner of the tower shall maintain the prescribed painting and/or illumination of such tower until it is dismantled, and the Commission may require the owner to dismantle and remove the tower when the Administrator of the Federal Aviation Agency determines that there is a reasonable possibility that it may constitute a menace to air navigation." Senator PASTORE. All right, Mr. Henry. Staff counsel assigned to this hearing: Nicholas Zapple. 1 STATEMENT OF HON. E. WILLIAM HENRY, CHAIRMAN, FEDERAL COMMUNICATIONS COMMISSION; ACCOMPANIED BY HON. ROBERT E. LEE, COMMISSIONER; HENRY GELLER, GENERAL COUNSEL; EDWARD ALLEN, CHIEF ENGINEER; AND WILLIAM LESHER, ATTORNEY, COMMON CARRIER BUREAU Mr. HENRY. Mr. Chairman, I have a prepared statement covering each of the six bills that we are prepared to testify on this morning, and with your permission I thought we might put that in the record, and then I would just discuss very briefly each one. Senator PASTORE. You mean the pertinent facts insofar as these bills are concerned? Does your statement cover each of the bills? Mr. HENRY. Yes. Senator PASTORE. All right. That portion of the statement that has to do with S. 903 will be inserted in the record at this point in its entirety, and you may give a résumé of what your statement contains. (The portion of the statement pertaining to S. 903 follows:) S. 903-To AMEND THE COMMUNICATIONS ACT OF 1934, AS AMENDED, WITH RESPECT TO PAINTING, ILLUMINATION, AND DISMANTLEMENT OF RADIO TOWERS S. 903 would amend section 303 (q) of the Communications Act of 1934 to require that abandoned or unused radio towers continue to meet the same painting and lighting requirements that would be applicable if such towers were being used in connection with the transmission of radio energy pursuant to a license issued by the Federal Communications Commission. It further empowers the Commission to direct the dismantlement of such towers when the Administrator of the Federal Aviation Agency determines that there is a reasonable possibility that they may constitute a menace to air navigation. Under section 303 (q) of the Communications Act, the Federal Communications Commission has authority to require the painting and/or illumination of radio towers if and when in its judgment such towers constitute, or there is a reasonable possibility that they may constitute, a menance to air navigation. Pursuant to this statutory authority, the Commission has adopted criteria to gauge the aeronautical hazard in particular cases and has prescribed rules specifying the painting and lighting requirements for these towers. However, when a radio station license expires, is canceled, or is revoked, these towers are no longer used in connection with authorized radio station operation. They are then "abandoned towers," and as such would not appear to fall within the Commission's jurisdiction so as to compel continued marking or lighting. Radio towers, which are of lattice construction, are inherently less visible than solid structures such as buildings, water towers, smokestacks, and the like. The potential menace to air navigation of such a tower left standing unlighted and unpainted is obvious. The Joint Industry Government Tall Structures Committee (JIGTSC) established by the Air Coordinating Committee to investigate the problems raised by the joint use of airspace by the aviation and broadcast industries, and to recommend appropriate action establishing the position of the Federal Government, recommended in 1957 that "the Federal Communications Commission require the removal or appropriate lighting and marking of unused or abandoned towers if it has such authority, and if such authority does not exist *** that the Federal Communications Commission seek appropriate legislation to attain this objective." After study and consideration of the JIGTSC and other parallel recommendations, the Commission, convinced that the public interest would be served by implementation of such recommendations, submitted a legislative proposal which was introduced in the 85th Congress. That proposal would have amended section 303 (q) of the Communications Act to authorize the Commission to require the continued lighting and marking of radio towers although the tower has since ceased to be used for radio transmitting purposes. The same proposal was introduced in both the 86th and 87th Congresses. In the 87th Congress, the Senate Commerce Committee added an amendment authorizing the Commission to require the owner to dismantle and remove the tower when there is a reasonable possibility that it may constitute a menace to air navigation (S. Rept. 214, 87th Cong.). The Senate approved the bill, S. 684, 87th Congress, with the committee amendment. The House failed to act on S. 684 in that Congress. The language of our present proposal is essentially the same as that approved by the Senate in the 87th Congress in S. 684. The sole difference is that the Federal Communications Commission's authority to require that a tower be dismantled would be based upon a finding by the Administrator of the Federal Aviation Agency that there is a reasonable possibility that the tower may constitute a menace to air navigation. We believe that the proposal constitutes an effective and desirable solution to a problem raised by the joint use of airspace by the broadcast and aviation industries. Mr. HENRY. All right, sir. S. 903 would amend section 303 (q) of the Communications Act of 1934 to require that abandoned or unused radio towers continue to meet the same painting and lighting requirements that would be applicable if such towers were being used in connection with the transmission of radio energy pursuant to a license issued by the Federal Communications Commission. It further empowers the Commission to direct the dismantlement of such towers when the Administrator of the Federal Aviation Agency determines that there is a reasonable possibility that they may constitute a menace to air navigation. Generally speaking, what this bill does is to give the FCC the authority to require the painting, lighting, or dismantlement of towers that have been abandoned and are no longer in use and may constitute a hazard to air navigation. Senator PASTORE. Have we had instances in the past where this was so? Mr. HENRY. We have had some instances of towers being abandoned. We do not know whether or not they have ever been considered by the FAA or other people to constitute a hazard to air navigation. Senator PASTORE. The reason I raise the question is: What prompts this legislation? I mean there must be a reason for it. Mr. HENRY. Well, we think it is a gap in the legislation. No one has jurisdiction over these towers. And we think that while there may not have been a problem, there may well be. We do know that we have approximately 30 AM and FM stations and 20 UHF stations which have received permission to remain silent. Now, these are not abandoned towers in the sense contemplated by this bill, but they are unused and dark and they may become a prob lem. Senator PASTORE. Well, let's assume that a tower happens to be in a place where it is not being used but is not a hazard to air navigation. Would this bill require them to maintain the painting of that tower nevertheless? Mr. HENRY. Well, I think it would give us authority to require it. Senator PASTORE. Why should you want to do that? I mean does this come under the beautification program or what is the reason for it? Mr. HENRY. Well, I don't think there would be any Senator PASTORE. I mean we have got to put this in the proper context. I think there ought to be some responsibility to maintain these towers in such a way that they do not become a safety hazard, whether it is a hazard to aerial navigation or the towers have deteriorated to such an extent that they might fall and cause some injury to people. I go along with this. But I am wondering if this is really a move to compel an unnecessary action on the part of certain people with regard to painting these towers and illuminating them when there is no essential need for it. Now, that is the point I am raising, and that is the reason why I asked you if there were any complaints or any instances where this problem had come up. Mr. HENRY. Well, I don't think that is the point, Mr. Chairman. This would require the same painting and lighting when the tower becomes abandoned that was employed when the tower was in use. And I think we may assume that there was a good reason to have it painted and lighted when it was in use, and I think we can pretty much assume that any tall structure such as a radio tower sticking up in the air, unpainted, and unlighted, is undesirable. Senator PASTORE. In other words, what you are actually saying is that the same reasons that require painting and illumination at the time it was authorized are the same reasons that apply when it is not being used. Is that the point? Mr. HENRY. That is correct. Senator PASTORE. All right. Is there any objection to this legislation? Mr. HENRY. We don't believe so, and we understand Senator PASTORE. I am addressing myself to the audience here now. Is there anyone here who desires to speak in opposition to this legislation? (No response.) (Full text of S. 1015 follows:) [S. 1015, 89th Cong., 1st sess.] A BILL To amend the Communications Act of 1934, as amended, to give the Federal Communications Commission authority to prescribe regulations for the manufacture, import, sale, shipment, or use of devices which cause harmful interference to radio reception Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Communications Act of 1934, as amended, is further amended by adding thereto a new section 302 to read as follows: "DEVICES WHICH INTERFERE WITH RADIO RECEPTION "SEC. 302. (a) The Commission may, consistent with the public interest, convenience, and necessity, make reasonable regulations governing the interference potential of devices which in their operation are capable of emitting radio frequency energy by radiation, conduction, or other means in sufficient degree to cause harmful interference to radio communications. Such regulations shall be applicable to the manufacture, import, sale, offer for sale, shipment, or use of such devices. "(b) No person shall manufacture, import, sell, offer for sale, ship, or use devices which fail to comply with regulations promulgated pursuant to this section. "(c) The provisions of this section shall not be applicable to carriers transporting such devices without trading in them, to devices manufactured solely for export, or to devices for use by the Government of the United States or any agency thereof. Devices for use by the Government of the United States or any agency thereof shall be developed, procured, or otherwise acquired, including off |