I just looked at Part 95 and it says....
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{A} "Antenna" means the radiating system (for transmitting, receiving or both) and the structure holding it up (tower, pole or mast). It also means everything else attached to the radiating system and the structure.
{B} If your antenna is mounted on a hand-held portable unit, none of the following limitations apply;
{C} If your antenna is installed at a fixed location (whether receiving, transmitting or both) it must comply with EITHER one of the following:
[1] The highest point must not be more than 20 feet (6.10 meters) higher than the highest point of the building or tree on which it is mounted;
or
[2] The highest point must not be more than 60 feet (18.3 meters) above the ground.
{D} If your CB station is located near an airport, and if your antenna structure is more than 20 feet (6.10 meters) high, you may have to obey additional restrictions. The highest point of your antenna must not exceed 39.37 inches (1 meter) above the airport elevation for every 109.36 yards (100 meters, 1 hectometer) of distance from the nearest point of the nearest airport runway. Differences in ground elevation between your antenna and the airport runway may complicate this formula. If your CB station is near an airport, you may contact the nearest FCC field office for a worksheet to help you figure the maximum allowable height for your antenna.
WARNING: Installation and removal of CB station antennas near powerlines is dangerous. For your safety follow the installation directions included with your antenna.
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So {A} tells that the rule applies to the tower as well as the antenna.... but I wonder....
Since the tower was NOT put up for the primary purpose of "being a CB installation" and he gained legal permission to mount his antenna to that tower.... would it still apply?
Further still.... if he honored the INTENT of the rule and mounted his antenna such that the top does not exceed 60' would they be that picky?
I can certainly see support for this issue in both directions...... but.... there we are....
And... who is going to notice?
I have to ask if this is for cb or ham use. Unless the rules have changed in the last 10 years the 70 ft tower is not legal. I don't have anything against it but you said you ran legally in a recent post.