Below is the FCC rule on painting and lighting compliance.
If the tower owner is not carrying out the responsibilities, it can fall back on the tenants. Five or so years ago we remember seeing the FCC sending out a letter to tenants of a tower that did have issues.
Frequency Coordination and Field Engineer
Broadcast Engineering Consultants
Coldwater, MI 49036
517-278-7339 Ext. 108
§17.6 Responsibility for painting and lighting compliance.
(a) The antenna structure owner is responsible for maintaining the painting and lighting in accordance with this part. However, if a licensee or permittee authorized on an antenna structure is aware that the structure is not being maintained in accordance with the specifications set forth on the Antenna Structure Registration (FCC Form 854R) or the requirements of this part, or otherwise has reason to question whether the antenna structure owner is carrying out its responsibility under this part, the licensee or permittee must take immediate steps to ensure that the antenna structure is brought into compliance and remains in compliance. The licensee must:
(1) Immediately notify the structure owner;
(2) Immediately notify the site management company (if applicable);
(3) Immediately notify the Commission; and,
(4) Make a diligent effort to immediately bring the structure into compliance.
(b) In the event of non-compliance by the antenna structure owner, the Commission may require each licensee and permittee authorized on an antenna structure to maintain the structure, for an indefinite period, in accordance with the Antenna Structure Registration (FCC Form 854R) and the requirements of this part.
(c) If the owner of the antenna structure cannot file FCC Form 854 because it is subject to a denial of Federal benefits under the Anti-Drug Abuse Act of 1988, 21 U.S.C. 862, the first tenant licensee authorized to locate on the structure (excluding tenants that no longer occupy the structure) must register the structure using FCC Form 854, and provide a copy of the Antenna Structure Registration (FCC Form 854R) to the owner. The owner remains responsible for providing to all tenant licensees and permittees notification that the structure has been registered, consistent with §17.4(f), and for posting the registration number as required by §17.4(g).
From: Jerry Kotzman [mailto:firstname.lastname@example.org]
Sent: Tuesday, May 8, 2018 11:49 AM
To: CRTech <email@example.com>
Subject: Re: [CRTech] Fines for no paint and lights?
Is this anything we'd ever have to be concerned?
On Tue, May 8, 2018 at 10:41 AM, Tom Van Gorkom <firstname.lastname@example.org> wrote:
I have no specific example but read in the rules (or someone's explanation) that the leasee could be held responsible for some reason as I remember. Doesn't seem right.
Tom Van Gorkom
Radio Esperanza Engineering, KRIO AM/FM, KOIR FM
On Tue, May 8, 2018 at 9:49 AM, Dave Land <email@example.com> wrote:
Have you ever heard of a station renting space on a tower getting fined if the tower owner has not painted the tower properly or kept it painted properly?
CE The Love Station, Inc.
Bible School Radio, Ninety One-Three
KDKR-Decatur, Dallas, Ft. Worth, North Texas
KYJC-Commerce, East Texas
Also heard on: 99.9 FM, Irving and 97.5 FM, Dallas
Penfold Communications, Inc.
Jerry Kotzman, Station Manager,
5617 Diamond Oaks Dr., South, Suite 200,
817.831.9130/877.588.9130/On-Air Line: 877-913-5357