In the aftermath of Hurricane Ian, utilities and telecommunications companies in Florida and other states in its path will be beginning the disaster recovery process. This checklist is not intended to be an all-inclusive list, but is intended to serve as a preliminary guide to help utilities and telecommunications companies affected by Hurricane Ian consider some of the potential legal and operational concerns that may surface during the initial phases of disaster recovery.
On Thursday September 29, 2022, the FCC found that, “in light of the significant damage caused by Hurricane Ian,” it would be unduly burdensome to require affected licensees and applicants to continue to meet certain filing requirements and regulatory deadlines. Accordingly, the FCC granted a blanket deadline extension to those impacted making most deadlines currently set between September 24, 2022 and October 24, 2022 extended to October 25, 2022.
The FCC also waived certain timeframes, such as the requirement to notify the FCC within 30 days of making minor license modifications, or the requirement to give the FCC advance notice of construction. Those notifications will be considered timely so long as they are submitted by October 25, 2022. FCC licensees and applicants impacted by Hurricane Ian also do not need to file individual waiver or extension requests, and will not have to pay individual waiver fees. FCC licensees and applicants impacted by Hurricane Ian may also file waiver requests for relief not covered by the September 29, 2022 Public Notice.
Any temporary or permanent structure that exceeds an overall height of 200 feet above ground level, should be marked and/or lighted. Construction or alteration of such a structure generally requires FAA notification at least 45 days prior to the construction or alteration start date. However, under these circumstances, you may notify the FAA about the emergency construction/alteration “by any available, expeditious means,” so long as a FAA Form 7460-1 is filed within five days of the initial emergency construction notice to the FAA. The Form may be submitted through the FAA’s e-file system. If the emergency construction or alteration is abandoned, dismantled, or destroyed, notice should be submitted through the FAA’s e-file system within 5 days after the construction or alteration is abandoned, dismantled, or destroyed.
In the aftermath of Hurricane Ian, utilities, and other public service providers may need to erect temporary structures that exceed 200 feet in height above ground level. This includes temporary construction equipment such as cranes and derricks. Such temporary structures and/or equipment, must be reported using the FAA’s e-file system. Detailed instructions for electronically reporting a temporary structure are available here.
Because all light outages, even partial outages, decrease the margin of safety, the FAA requires that any light outage that lasts more than thirty minutes and affects a “top light” or a “flashing obstruction light” must be “reported immediately” by using the FAA’s online reporting tools if you do not own the structure, use the Light Outage Report Form; if you do own the structure, use the FAA’s e-file system; or call the FAA at 877-487-6887. Either reporting method will result in the issuance of a Notice to Airmen (“NOTAM”) regarding the light outage.
An advance notification procedure is required to alert Tribes of anticipated activity in areas of religious and cultural significance on Tribal lands. Exempt or otherwise permitted emergency response activities must be undertaken within 30 days of the disaster declaration. If additional time is needed, the entity may request an extension from the Advisory Council on Historic Preservation prior to the expiration of the 30 days.
Immediate rescue and salvage operations conducted to preserve life or property after a disaster or emergency has been formally declared by the appropriate authority are exempt from the requirements of the National Historic Preservation Act. Exempt or otherwise permitted emergency response activities must be undertaken within 30 days of the disaster declaration. If additional time is needed, the entity may request an extension from the Advisory Council on Historic Preservation prior to the expiration of the 30 days.
Based on our experience, we anticipate that there will be additional legal and/or operational concerns that surface during post-Ian disaster recovery for utilities and telecommunications companies, because each disaster presents a unique set of factual circumstances and legal or logistical challenges.
DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.
© Adams and Reese LLP | Attorney Advertising
This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. By continuing to browse this website you accept the use of cookies. Click here to read more about how we use cookies.
Copyright © JD Supra, LLC