**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

+----------------------------------+----+------------------------------+
| In the Matter of Application of  | *  | FCC File No. 0001292949      |
|                                  | *) |                              |
| PEPPERELL AIRPORT                | ** |                              |
|                                  |    |                              |
| For New Aeronautical Advisory    | *  |                              |
| Station at Pepperell,            | *) |                              |
| Massachusetts                    | ** |                              |
|                                  |    |                              |
|                                  | *  |                              |
|                                  | *) |                              |
|                                  | ** |                              |
|                                  |    |                              |
|                                  | *  |                              |
|                                  | *) |                              |
|                                  | ** |                              |
|                                  |    |                              |
|                                  | *  |                              |
|                                  | *) |                              |
|                                  | ** |                              |
|                                  |    |                              |
|                                  | *  |                              |
|                                  | *) |                              |
|                                  | ** |                              |
+----------------------------------+----+------------------------------+

**ORDER**

**Adopted: June 3, 2004 Released: June 4, 2004**

By the Chief, Public Safety and Critical Infrastructure Division,
Wireless Telecommunications Bureau:

1.  *Introduction*. We have before us an application filed by Pepperell
    Airport[^1] for a new aeronautical advisory station (unicom)[^2] to
    serve the airport. We also have before us a Petition to Deny the
    Application filed by Richard L. Wright (Wright),[^3] a pilot who
    states that he is representing the views of pilots operating at Knox
    County Regional Airport in Rockland, Maine.[^4] For the reasons
    stated below, we deny the Petition and the Division's licensing
    staff will proceed with processing the Application.

2.  *Background*. Pepperell Airport had been served for many years by a
    unicom licensed to RW Shop, Inc. under call sign KJN8. That license
    expired on January 18, 2002, after the licensee failed to file a
    timely application to renew the license. The instant Application for
    a new unicom station would, if granted, permit the resumption of
    licensed unicom service at Pepperell Airport. The Application seeks
    authorization to operate on the unicom frequency 123.05 MHz.

3.  On October 15, 2002, the Commission granted an application filed by
    Knox County, Maine, to modify its unicom license for Station KHG7 at
    Knox County Regional Airport to operate on frequency 123.05 MHz. The
    distance between Pepperell and Rockland is approximately 159 miles
    (256 km).[^5]

4.  In the Petition, Wright argues that the Application, as submitted,
    should be denied, and that Pepperell Airport should be assigned a
    unicom frequency other than 123.05 MHz. Wright states that
    interference between the Pepperell Airport unicom and the Knox
    County Regional Airport unicom will occur if both unicoms operate on
    the frequency 123.05 MHz, and that such interference raises safety
    concerns.[^6] According to Wright, Knox County migrated to the
    frequency 123.05 MHz from another unicom frequency because the other
    frequency had become congested.[^7] In choosing 123.05 MHz as its
    new frequency, Knox County researched the Commission's license
    database and chose a frequency that it believed was not being used
    by any nearby airport. It was not aware that the frequency 123.05
    MHz would be used at Pepperell Airport because the license
    authorizing such operation at Pepperell Airport was no longer active
    at the time Knox County undertook its database search.[^8] Wright
    further avers that, after significant expense and coordination, Knox
    County implemented unicom operation on 123.05 MHz, and soon
    discovered that its unicom transmissions were experiencing
    interference from communications on 123.05 MHz at Pepperell
    Airport.[^9] It experienced such interference, notwithstanding the
    distance between the two airports, Wright says, because the
    Pepperell Airport unicom supports high-altitude (approximately
    14,000 feet) parachute operations at the airport.[^10]

5.  Wright states that Knox County would never have chosen the frequency
    123.05 MHz as its unicom frequency had it been aware of the
    high-altitude parachute operations at Pepperell Airport using that
    frequency.[^11] He argues that the public interest would be served
    by assigning a different frequency to Pepperell Airport in order to
    better ensure that unicom communications at both airports are as
    interference-free as possible.[^12] Finally, Wright argues that
    unicom frequencies should not be used at all for high-altitude
    parachute operations, and that the Commission and the Federal
    Aviation Administration should consider alternative means of
    addressing the communications needs of high-altitude parachute
    operations.[^13]

6.  *Discussion*. We note, as an initial matter, that nothing in the
    Commission's Rules or policies precludes the licensing of a unicom
    on 123.05 MHz at Pepperell Airport, notwithstanding the co-channel
    unicom operations at Knox County Regional Airport. Incumbent unicom
    licensees are not entitled to interference protection from
    subsequently licensed unicom operations, and the unicom rules do not
    specify minimum co-channel separation distances.[^14] Rather,
    concerns about interference between unicoms are intended to be
    addressed by the one unicom per airport restriction at uncontrolled
    airports.[^15] Accordingly, Knox County's unicom license does not
    provide it with a protected service area, and, as a result, we have
    no basis to deny the Pepperell Airport application on the basis of
    the interference concerns raised in the Petition. Although Wright
    recommends that the Commission revisit its rules governing
    interference between unicoms,[^16] and perhaps set aside specific
    non-unicom channels for communications relating to high-altitude
    parachute operations,[^17] the Petition does not provide sufficient
    information to support immediate changes to our unicom rules and
    policies. Further, whatever merit they may have, these suggestions
    are more appropriately raised in a petition for rulemaking than in
    an adjudicatory proceeding such as this.[^18] We therefore deny the
    Petition, and will process the Application.

7.  Further, we address one additional matter. The allegations in the
    Petition, if true, appear to indicate that the unicom at Pepperell
    Airport has continued to operate even after the license for station
    KJN8 expired on January 18, 2002. Such operation would constitute
    unauthorized operation, and would be a violation of both the
    Communications Act of 1934, as amended,[^19] and the Commission's
    Rules.[^20] We take such violations seriously. We will refer this
    matter to the Commission's Enforcement Bureau to take any further
    action it believes warranted. Our processing of the Application is
    without prejudice to the Enforcement Bureau taking appropriate
    enforcement action against RW Shop, Inc. and/or Pepperell Airport.

8.  *Conclusion*. Although we urge unicom licensees to cooperate in the
    selection and use of unicom frequencies in order to best promote the
    safety of aviation, we do not provide unicom licensees with
    protected service areas. In recognition of the concerns raised in
    the Petition, we encourage the interested parties to negotiate a
    mutually satisfactory resolution to the extent feasible. The
    Petition has cited no Commission rule or policy that could serve as
    the basis for denying or dismissing the Application; moreover we are
    not aware of any such rule or policy. Accordingly, the Petition is
    denied. Our processing of the Application is without prejudice to
    future enforcement action if such action is warranted for
    unauthorized operation of the Pepperell Airport unicom.

9.  Accordingly, IT IS ORDERED pursuant to Sections 4(i) and 303(r) of
    the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i),
    303(r), and Section 87.215(b) of the Commission's Rules, 47 C.F.R. §
    87.215(b), that the Petition to Deny filed May 23, 2003 by
    Richard L. Wright against the captioned application IS DENIED.

10. IT IS FURTHER ORDERED, pursuant to Sections 4(i) and 303(r) of the
    Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 303(r),
    and Section 87.215(b) of the Commission's Rules, 47 C.F.R. §
    87.215(b), that the licensing staff of the Public Safety and
    Critical Infrastructure Division SHALL PROCESS the captioned
    Application filed April 30, 2003, by Pepperell Airport consistent
    with the applicable Commission rules and policies, without prejudice
    to the imposition of sanctions by the Enforcement Bureau for
    unauthorized operation of a unicom.

11. This action is taken under delegated authority pursuant to Sections
    0.131 and 0.331 of the Commission's Rules, 47 C.F.R. §§ 0.131,
    0.331.

    FEDERAL COMMUNICATIONS COMMISSION

D'wana R. Terry

Chief, Public Safety and Critical Infrastructure Division

Wireless Telecommunications Bureau

[^1]: FCC File No. 0001292949 (filed April 30, 2003) (Application).

[^2]: Unicoms are used to provide safety-related and other information
    to aircraft, primarily general aviation aircraft. Unicom
    transmissions are limited to the necessities of safe and expeditious
    operation of aircraft, including runway conditions, types of fuel
    available, wind conditions, weather information, dispatching, and
    other necessary safety information. However, unicoms may also
    transmit, on a secondary basis, information pertaining to the
    efficient portal-to-portal transit of an aircraft, such as
    information concerning available ground transportation, food, and
    lodging. 47 C.F.R. § 87.213.

[^3]: Petition to Deny filed by Richard L. Wright (filed May 23, 2003)
    (Petition).

[^4]: Petition at 1.

[^5]: Wright states that Pepperell Airport's operations are
    approximately 150 nautical miles distant from Knox County Regional
    Airport. *Id*. at 2.

[^6]: *Id*. at 1-3.

[^7]: *Id*. at 1.

[^8]: *Id*. at 2.

[^9]: *Id*.

[^10]: *Id*.

[^11]: *Id*.

[^12]: *Id*.

[^13]: *Id*. at 3. In this regard, Wright suggests one alternative of
    designating one or two non-unicom frequencies as "skydive
    frequencies" to support parachute operations nationwide.

[^14]: *See* Skypark Airport Association, L.L.C., *Order on
    Reconsideration*, 18 FCC Rcd 16306, 16307 n. 16 (WTB PSPWD (2003).

[^15]: *See* 47 C.F.R. § 87.215(b); *see also* Reorganization and
    Revision of Part 87 of the Rules Governing the Aviation Services,
    *Report and Order*, PR Docket No. 87-214, 3 FCC Rcd 4171, 4172 ¶ 9
    (1988) (indicating that the one unicom per airport restriction "was
    considered necessary for reasons of flight safety and potential
    interference").

[^16]: Petition at 2 (stating that "\[b\]ecause of significant UNICOM
    flight safety issues, and accident history, the FCC should take this
    opportunity to examine some possible long-term solution in
    conjunction with the FAA").

[^17]: *Id*. at 3.

[^18]: *See* 47 C.F.R. § 1.401

[^19]: *See, e.g*., 47 U.S.C. § 301.

[^20]: *See* 47 C.F.R. § 87.18.