Before the

**FEDERAL COMMUNICATIONS COMMISSION**

**Washington, DC 20554**

+-------------------------------------+---+----------------------------+
| In the Matter of                    | ) | WT Docket No. 01-289       |
|                                     |   |                            |
| Review of Part 87 of the            | ) |                            |
| Commission's Rules Concerning the   |   |                            |
| Aviation Radio Service              | ) |                            |
|                                     |   |                            |
|                                     | ) |                            |
|                                     |   |                            |
|                                     | ) |                            |
|                                     |   |                            |
|                                     | ) |                            |
+-------------------------------------+---+----------------------------+

**[COMMENTS OF THE NATIONAL TELECOMMUNICATIONS]{.underline}**

**[AND INFORMATION ADMINISTRATION]{.underline}**

Michael D. Gallagher Kathy D. Smith

Assistant Secretary for Communications Chief Counsel

and Information

Fredrick R. Wentland

Associate Administrator

Office of Spectrum Management

Darlene Drazenovich

Telecommunications Specialist

Office of Spectrum Management

National Telecommunications and

Information Administration

U.S. Department of Commerce

1401 Constitution Avenue, N.W.

Room 4713

Washington, DC 20230

\(202\) 482-1850

September 13, 2004

**TABLE OF CONTENTS**

**[Section]{.underline}** **[Page]{.underline}**

EXECUTIVE
SUMMARY.....................................................................iii

> INTRODUCTION................................................................................2

I. THE COMMISSION SHOULD ADD NEW RULES TO PARTS 2 AND 87

> TO ACCOMMODATE THE USE OF THE 978 MHz FREQUENCY BY THE UNIVERSAL
> ACCESS TRANSCEIVER (UAT)..........................................2

II\. THE COMMISSION SHOULD ENSURE THAT ANY ALLOCATION FOR

> AMS(R)S INCLUDE REGULATORY PROVISIONS FOR PRIORITY AND PREEMPTION FOR
> AMS(R)S COMMUNICATIONS OVER ALL OTHER COMMUNICATIONS IN THE
> BAND......................................................4

III\. THE COMMISSION SHOULD NOT PERMIT CDMA EMISSIONS IN

> THE VHF AMS(R)S
> BAND...................................................................5
>
> IV\. THE COMMISSION SHOULD NOT AMEND THE PART 87 RULES TO
>
> ENABLE USE OF NGSO NETWORKS FOR THE PROVISION OF AMS(R)S
>
> AT THIS
> TIME..................................................................................5

V. THE COMMISSION SHOULD NOT BROADEN THE AMS(R)S RULES

> BEYOND THE INMARSAT SYSTEM AT THIS
> TIME.................................6

VI\. THE COMMISSION SHOULD NOT INCLUDE THE BANDS 1610-1626.5

> MHz AND 5000-5150 MHz FOR AMS(R)S IN THE PART 87 RULES...............6
>
> VII\. THE COMMISSION SHOULD NOT PERMIT AMS(R)S IN THE 2 GHz
>
> BAND.............................................................................................7
>
> VIII\. NTIA CONCURS WITH THE PROPOSAL TO REMOVE THE RADIO-
>
> NAVIGATION ALLOCATION IN THE
> Ku-BAND......................................7

IX\. THE COMMISSION SHOULD CONTINUE TO SUPPORT THE FAA

> PROPOSAL TO STREAMLINE HF PROVISONS TO RELY ON APPENDIX 27
>
> FOR AM(R)S
> FREQUENCIES...............................................................8

X. THE COMMISSION SHOULD ALLOW FAA USE OF 118-121.4,

> 123.6-128.8 AND 132.025-135.975 MHz FOR AIR TRAFFIC
> CONTROL...........8

XI\. THE COMMISSION SHOULD ADOPT SPECIFIC PROVISIONS WHEN

> ALLOWING EMERGENCY WATCHES, EMERGENCY LOCATOR TRANS-
>
> MITTERS (ELTs), PERSONAL LOCATOR BEACONS (PLBs), AND H0MING-IN DEVICES
> ON 121.5
> MHz....................................................................9
>
> XII\. THE COMMISSION SHOULD AMEND SECTION 87.107 OF ITS RULES TO
> ESTABLISH A NEW STATION IDENTIFICATION OF AIRCRAFT
>
> OPERATED BY MAINTENANCE
> PERSONNEL......................................9
>
> XIII\. THE COMMISSION SHOULD ELIMINATE LICENSING OF AIRCRAFT
>
> STATIONS ON ULTRALIGHT
> AIRCRAFT............................................10
>
> XIV\. THE COMMISSION SHOULD NOT ADOPT CHANGES TO THE SECURITY CONTROL
> OF AIR TRAFFIC AND AIR NAVIGATION AIDS (SCATANA)
>
> AT THIS
> TIME...............................................................................10
>
> XV\. THE COMMISSION SHOULD AMEND SECTION 87.305 OF ITS RULES ON
> FREQUENCY
> COORDINATION.........................................................11
>
> XVI\. THE COMMISSION SHOULD ADOPT MODIFICATIONS TO SUBPART O
>
> OF PART 87 OF ITS RULES TO ACCOMMODATE THE FAA'S GROUND
>
> CONTROL
> REQUIREMENTS............................................................11
>
> **CONCLUSION**..............................................................................12

**EXECUTIVE SUMMARY**

> The National Telecommunications and Information Administration (NTIA)
> supports the Federal Communications Commission (Commission) proceeding
> to update their rules governing aviation. The Commission's proposals
> clarify certain parts of the rules and will modify the existing rules
> to accommodate the changing technologies being used by aviation today
> and promote development and use of additional new technologies in the
> future. NTIA, on behalf of the Federal Aviation Administration (FAA),
> provides the following comments on specific rules in the Further
> Notice of Proposed Rulemaking.

**Before the**

**Federal Communications Commission**

**Washington, DC 20554**

+----------------------------------+----+------------------------------+
| In the Matter of                 | *  | WT Docket No. 01-289         |
|                                  | *) |                              |
| Review of Part 87 of the         | ** |                              |
| Commission's Rules Concerning    |    |                              |
| the Aviation Radio Service       | *  |                              |
|                                  | *) |                              |
|                                  | ** |                              |
|                                  |    |                              |
|                                  | *  |                              |
|                                  | *) |                              |
|                                  | ** |                              |
|                                  |    |                              |
|                                  | *  |                              |
|                                  | *) |                              |
|                                  | ** |                              |
+----------------------------------+----+------------------------------+

**[COMMENTS OF THE NATIONAL TELECOMMUNICATIONS]{.underline}**

**[AND INFORMATION ADMINISTRATION]{.underline}**

The National Telecommunications and Information Administration (NTIA),
an Executive Branch agency within the Department of Commerce, is the
President's principal adviser on domestic and international
telecommunications policy, including policies relating to the Nation's
economic and technological advancement in telecommunications.
Accordingly, NTIA makes recommendations regarding telecommunications
policies and presents Executive Branch views on telecommunications
matters to the Congress, the Federal Communications Commission
(Commission), and the public. NTIA, through the Office of Spectrum
Management, is also responsible for managing the Federal Government's
use of the radio frequency spectrum. NTIA respectfully submits the
following comments in response to the Commission's Further Notice of
Proposed Rulemaking in the above-captioned proceeding.[^1]

**INTRODUCTION**

In this FNPRM, the Commission reviews and proposes updating certain
sections of Parts 2, 80 and 87 of its Rules. In response to the FNPRM,
the Federal Aviation Administration (FAA) provided its views to NTIA on
ways to enhance the effectiveness of the Commission's changes and
proposed some additional ones regarding identification of the "frequency
advisory committee" referred to in the current regulations and the FAA's
ground control requirements. Taking into consideration the FAA's views,
NTIA offers the following comments on the FNRPM.

**I. THE COMMISSION SHOULD ADD NEW RULES TO PARTS 2 AND 87 TO
ACCOMMODATE THE USE OF THE 978 MHz FREQUENCY BY THE UNIVERSAL ACCESS
TRANSCEIVER (UAT).**

The Commission seeks comment on whether to add new rules to accommodate
the use of the 978 MHz frequency by the Universal Access Transceiver
(UAT), a data link technology that has been developed to provide
Automatic Dependent Surveillance.[^2] Specifically, the Commission asks
commenters to consider whether there is a need to make any corresponding
changes to the Section 2.106 Table of Frequency Allocations.[^3]

NTIA concludes that there is no need for a change to Section 2.106 Table
of Frequency Allocations. UAT operations are authorized under the
existing aids to navigation. However, NTIA believes that Part 87 needs
to make a clear distinction between the bandwidth used to measure
spurious emissions (100 kHz) and the occupied bandwidth (bandwidth
containing 99% of transmitter power). NTIA recommends the following
changes to section 87.139 of the Commission's Rules, 47 C.F.R. § 87.139,
to make that distinction clear.

> **§ 87.139 Emission limitations.**
>
> \* \* \* \* \*
>
> \(1\) For Universal Access Transceiver transmitters, the average
> emissions measured in a 100 kHz bandwidth must be attenuated below the
> maximum emission level by at least:
>
> The mask shall be defined by drawing straight lines through the above
> points on [semi-log]{.underline} [paper.]{.underline} ~~semi-paper.~~
>
> \(2\) Universal Access Transceiver transmitters with an output power
> of 5 Watts or more must limit their emissions by at least 43 + 10 log
> (P) dB on any frequency removed from the assigned frequency by more
> than 250% of the occupied bandwidth. ~~Occupied bandwidth is defined
> as 99% of the signal power.~~ Those emissions shall be measured with a
> bandwidth of 100 kHz. P in the above equation is the average
> transmitter power measured [within the occupied bandwidth]{.underline}
> in Watts.
>
> \(3\) Universal Access Transceiver transmitters with less than 5 Watts
> of output power must limit their emissions by at least 40 dB relative
> to the carrier peak on any frequency removed from the assigned
> frequency by more than 250% of the occupied bandwidth. ~~Occupied
> bandwidth is defined as 99% of the signal power~~ [Those emissions
> shall be]{.underline} measured with a bandwidth of 100 kHz.

In the Frequency Table contained in section 87.173(b) of the
Commission's Rules, 47 C.F.R. § 97.173(b), the \"class of station\" for
the frequency 978.000 MHz should include aeronautical fixed (FA) to
accommodate the UAT ground stations. Using the FA and aeronautical
mobile (MA) class of stations would be consistent with the NTIA's
authorization of this frequency for UATs.

NTIA supports the Commission's proposed addition of a new paragraph (f)
to Section 87.345 of its Rules, 47 C.F.R. § 87.345, dealing with
authorization of transmission by aeronautical utility mobile stations
for UAT service. NTIA, however, urges the Commission to also add the
following new paragraph to this section:

> (g)Transmissions by aeronautical utility mobile stations for
> standardized aeronautical systems supporting automatic dependent
> surveillance-broadcast are authorized.

**II. THE COMMISSION SHOULD ENSURE THAT ANY ALLOCATION FOR AMS(R)S,
INCLUDE REGULATORY PROVISIONS FOR PRIORITY AND PREEMPTION FOR AMS(R)S
COMMUNICATIONS OVER ALL OTHER COMMUNICATIONS IN THE BAND.**

The Commission seeks comment on various proposals to liberalize the Part
87 technical rules.[^4] Specifically the Commission seeks comment on the
proposal by Rockwell Collins and Inmarsat to amend the technical rules
to permit any emission type the licensee chooses, or to eliminate all
requirements as to specific data rates and modulation types. Rockwell
also seeks bandwidth limits to accommodate high data rate services such
as Swift64, Inmarsat\'s new 64 kbps service. The Commission asks if
elimination of the specified requirement is appropriate only for the
very high frequency (VHF) aeronautical mobile satellite (route) service
(AMS(R)S) band, or whether it should be extended to additional spectrum
in the VHF aeronautical band, or perhaps to the whole band.[^5]

NTIA believes that any allocation for AMS(R)S must include regulatory
provisions for priority and preemption for AMS(R)S communications over
all other communications in the band. This is crucial to protect
safety-of-life communications from potential life threatening delays
caused by a lack of an available channel. Additionally, any new AMS(R)S
system needs to be internationally standardized with International Civil
Aviation Organization (ICAO) Standards and Recommended Practices (SARPs)
before it is implemented.

**III. THE COMMISSION SHOULD NOT PERMIT CDMA EMISSIONS IN THE VHF
AMS(R)S BAND.**

The Commission also seeks comment on Boeing's proposal to amend its
rules to accommodate code division multiple access (CDMA) emissions in
the VHF AMS(R)S band.[^6] Due to the extreme congestion of the AM(R)S
channels in this band, and the FAA plans to implement a time division
multiple access-based terrestrial system, NTIA cannot support the
proposal to allow CDMA emissions in this band.

The only VHF allocation currently for AMS(R)S is RR 5.198, which
allocates AMS(R)S on a secondary basis to the band 117.975-136 MHz. That
footnote appears in the ITU Table of Allocations, and in the United
States Table of Allocations for Government (NTIA revision January 2004)
and non-Government (FCC revision April 13, 2004). NTIA recommends the
deletion of RR 5.198 from the U.S. Table of Allocations.[^7]

**IV. THE COMMISSION SHOULD NOT AMEND THE PART 87 RULES TO ENABLE USE OF
NGSO NETWORKS FOR THE PROVISION OF AMS(R)S AT THIS TIME.**

Based on a proposal by Boeing, the Commission seeks comment on whether
to updates its rules to enable use of non-geostationary satellite orbit
(NGSO) networks for the provision of AMS(R)S.[^8] The Commission
specifically asks commenters to consider whether it would be premature
to do so before RTCA and ICAO finalize their standards.[^9]

NTIA believes that any use of AMS(R)S would employ ICAO SARPS.
Incorporation of rules for NGSO AMS(R)S prior to SARPS adoption would be
premature, and might result in provisions inconsistent with provisions
of the SARPS adopted at a later date. Priority and preemption of AMS(R)S
over all other mobile satellite service (MSS) messages must be
incorporated into the rules for NGSO as well. For these reasons, NTIA
does not support amending Part 87 to authorize NGSO networks for AMS(R)S
at this time.

**V. THE COMMISSION SHOULD NOT BROADEN THE AMS(R)S RULES BEYOND THE
INMARSAT SYSTEM AT THIS TIME.**

In response to proposals from Boeing and ARINC/ATA, the Commission seeks
comment on whether it should amend its rules to take into account the
operating parameters of non-Inmarsat systems. The Commission also seeks
comment on Boeing's alternative proposal to amend its rules to specify
that the existing technical requirements apply only to aeronautical
earth stations operating with the Inmarsat system.[^10]

NTIA believes that the Commission should refrain from amending its rules
in this regard until ICAO SARPS and RTCA Inc. standards have been
adopted. Since SARPS are not available for any other AMS(R)S system and
it is uncertain that such SARPS will be accepted, NTIA does not support
broadening the AMS(R)S rules beyond Inmarsat at this time.

**VI. THE COMMISSION SHOULD NOT INCLUDE THE BANDS 1610-1626.5 MHz AND
5000-5150 MHz FOR AMS(R)S IN THE PART 87 RULES.**

The Commission requests comments on whether additional technical
requirements for AMS(R)S if the Commission ultimately authorizes AMS(R)S
in the 1610-1626.5 MHz and 5000-5150 MHz bands under Part 87.[^11] While
NTIA would not oppose authorizing AMS(R)S in these bands under Part 87,
it does believe that specific rules, consistent with any ICAO SARPS for
those systems in those bands, would be needed. Because no SARPS exists
for AMS(R)S in either band, NTIA does not support the inclusion of these
bands into the FCC Part 87 rules at this time.

**VII. THE COMMISSION SHOULD NOT PERMIT AMS(R)S IN THE 2 GHz BAND.**

In response to a Boeing proposal that the Commission codify its policy
of permitting AMS(R)S in any MSS band, specifically the 2 GHz band, in
addition to the 1610-1626.5 MHz and 5000-5150 MHz bands, the Commission
seeks comment on whether its should adopt technical rules under Part 87
to govern AMS(R)S in the 2 GHz band. NTIA's views on adoption of
technical rules for AMS(R)S in the 2 GHz band are the same as for the
1610-1626.5 and 5000-5150 MHz bands. While NTIA would not oppose
authorizing AMS(R)S in the 2 GHz band under Part 87, it does believe
that specific rules, consistent with any ICAO SARPS for those systems in
this band, would be needed. Because no SARPS exists for AMS(R)S for the
2 GHz band, and implementation of AMS(R)S needs to be in spectrum with
world-wide allocation, NTIA does not support the inclusion of this band
in the Part 87 rules at this time.

**VIII. NTIA CONCURS WITH THE PROPOSAL TO REMOVE THE RADIONAVIGATION
ALLOCATION IN THE Ku-BAND.**

In response to a proposal from Boeing, the Commission proposes to remove
the allocation for radionavigation in the 14000-14200MHz band (Ku Band)
from the Table of Frequency Allocations and the Part 87 Rules.[^12] NTIA
concurs with the Commission's proposal to remove this allocation from
the Ku Band.

**IX. THE COMMISSION SHOULD CONTINUE TO SUPPORT THE FAA PROPOSAL TO
STREAMLINE HF PROVISONS TO RELY ON APPENDIX 27 FOR AM(R)S FREQUENCIES.**

Consistent with the FAA's previous proposal on this issue, the
Commission proposes to amend the frequency table in section 87.173(b) of
its Rules, 47 C.F.R. § 87.173(b), to replace the existing frequency
listings in the HF AM(R)S band with entries for specific band segments
and to delete the table of international HF frequencies in section
87.263(d) of its Rules, 47 C.F.R. § 87.263(d), replacing it with a note
referring to Appendix 27 of ITU Radio Regulations.[^13] NTIA strongly
supports the Commission's conclusion that adopting the FAA proposal
would further harmonization of its Rules with international standards
and otherwise would be in the public interest.

**X. THE COMMISSION SHOULD ALLOW FAA USE OF 118-121.4, 123.6-128.8 AND
132.025-135.975 MHz FOR AIR TRAFFIC CONTROL.**

Consistent with the FAA's request that the Commission amend section
87.421 of its Rules, 47 C.F.R. § 87.421, to make certain frequency bands
available for ground control communications, the Commission proposes to
permit the FAA to use the 118-121.4 MHz, 123.6-128.8 MHz, and
132.025-135.975 MHz available for air traffic control (ATC)
communications, including ground control communications. NTIA strongly
supports this proposal which will provide the operational flexibility
needed to relieve congestion in the VHF air traffic control channels.

**XI. THE COMMISSION SHOULD ADOPT SPECIFIC PROVISIONS WHEN ALLOWING
EMERGENCY WATCHES, EMERGENCY LOCATOR TRANSMITTERS (ELTs), Personal
Locator Beacons (PLBs) AND HOMING-IN DEVICES ON 121.5 MHz.**

The Commission also seeks comments on whether to amend its Part 87 Rules
to permit certification of the Breitling Emergency watch and similar
devices without the need of a waiver of the regulations governing
emergency locator transmitter (ELT) technical characteristics.[^14] NTIA
has no objection to an amendment of the Commission's Rules, however, to
protect emergency communications and to prevent false alarms, any rules
allowing the use of personal locator beacons (PLBs) or emergency ELT
watches should contain the following provision:

> This device may be operated only in an aviation emergency in a
> search-and-rescue situation. The manufacturer must keep records of all
> purchases, and provide these records to the FAA and other Federal
> Government agencies upon request. In order to keep false alarms to an
> absolute minimum this device must be designed for single use only, the
> transmitter power is to be limited to no more than 25 milliwatts, and
> the transmitter signal is to include a unique identifier (Morse code
> P).

"Single use" should be defined to mean that once a device is activated,
it must be returned to the manufacturer for maintenance before it can be
activated again.

**XII. THE COMMISSION SHOULD AMEND SECTION 87.107 OF ITS RULES TO
ESTABLISH A NEW STATION IDENTIFICATION OF AIRCRAFT OPERATED BY
MAINTENANCE PERSONNEL.**

Based on an earlier FAA request and subsequent approval of a waiver of
Section 87.107(a) of the Commission's Rules, 47 C.F.R. § 87.107(a), to
permit use of a different station identification format by aircraft that
are operated by maintenance personnel moving the aircraft from one
airport location to another, the Commission proposes to amend its Rules
to codify the terms of this waiver.[^15] The proposed rule change would
establish a new station identification format for aircraft being moved
by maintenance personnel from one location in an airport to another
location in that airport consisting of the name of the company owning or
operating the aircraft, followed by the word "Maintenance" and
additional alphanumeric characters of the licensee's choosing.[^16] NTIA
strongly supports the adoption of this proposal because it meets the
FAA's goal of reducing a problem that threatens airport safety by
significantly decreasing possible misunderstandings during aircraft
movement of this type.

**XIII. THE COMMISSION SHOULD ELIMINATE LICENSING OF AIRCRAFT STATIONS
ON ULTRALIGHT AIRCRAFT.**

The Commission seeks comment on its proposal to eliminate the
requirement in section 87.107(a)(2) of the its Rules, 47 C.F.R. §
87.107(a)(2) that FCC control numbers be assigned to ultralight aircraft
for station identification purposes.[^17] NTIA agrees with the
Commission that alternative means of identification are available for
such aircraft, and thus, supports its proposal to eliminate the current
requirements of this section.

**XIV. THE COMMISSION SHOULD NOT ADOPT CHANGES TO THE SECURITY CONTROL
OF AIR TRAFFIC AND AIR NAVIGATION AIDS (SCATANA) AT THIS TIME.**

The Commission invites comment on whether changes to SCATANA, the
Support Plan, or section 87.395 of its Rules, 47 C.F.R. §87.395, may be
warranted.[^18] NTIA notes that at this time, the FAA and the Department
of Defense are in discussion on proposed revisions to the SCATANA plan.
Since an agreement has not been reached, it would be premature for the
Commission to amend its Rules at this time. Once agreement is reached on
this important national security issue, the appropriate federal agencies
will petitioned the Commission for any changes deemed necessary.

**XV. THE COMMISSION SHOULD UPDATE SECTION 87.305 OF ITS RULES ON
FREQUENCY COORDINATION.**

While not addressed in the FNPRM, NTIA recommends the changes below be
made to section 87.305 of the Commission's Rules, 47 C.F.R. § 87.305, to
clarify the identity of the "frequency advisory committee" referenced in
the text. NTIA recommends that the Commission provide updated contact
information for the Aerospace & Flight Test Radio Coordinating Council
(AFTRCC).

> (a)~~(1)~~ Each application for a new station license, renewal or
> modification of an existing license concerning flight test
> frequencies, except as provided in paragraph (b) of this section, must
> be accompanied by a statement from the [Aerospace & Flight Test Radio
> Coordinating Council (AFTRCC)]{.underline}. ~~frequency advisory
> committee.~~
>
> ~~(2) The frequency advisory committee must be organized to represent
> all~~
>
> ~~persons who are eligible for non-Government radio flight test
> stations. A~~
>
> ~~statement of organization service area and composition of the
> committee~~
>
> ~~must be submitted to the Commission for approval. The functions of
> any advisory committee are purely advisory to the applicant and the
> Commission, and its recommendations are not binding upon either the
> applicant or the Commission.~~

# XVI. THE COMMISSION SHOULD ADOPT MODIFICATIONS TO SUBPART O OF PART 87 OF ITS RULES TO ACCOMMODATE THE FAA'S GROUND CONTROL REQUIREMENTS.

NTIA also proposes the changes below to Subpart O (Airport Control Tower
Station) of Part 87 of the Commission's Rules to alleviate the
congestion in the 121.600-121.925 MHz band and to accommodate all of the
FAA's ground control requirements. Specifically, NTIA proposes to amend
sections 87.419 and 87.421 of the Commission's Rules, 47 C.F.R. §§
87.419, 87.421, to read as follows:

> **§ 87.419 Supplemental eligibility.**
>
> [(a)]{.underline} Only one control tower or RCO will be licensed at an
> airport.
>
> [(b) Each application for an RCO must be accompanied by a written
> statement from the appropriate FAA Regional Office approving the
> requested RCO operation.]{.underline}
>
> **§ 87.421 Frequencies.**
>
> **\*\*\***
>
> \(b\) Frequencies in the bands 200.0-- 285.0 and 325.0--405.0 kHz will
> ~~normally~~ be assigned only to control towers and RCOs authorized to
> operate on at least one VHF frequency[,]{.underline} ~~. The
> Commission may assign frequencies in these bands to entities that do
> not provide VHS service in cases wehre granting such an application
> ,~~ [unless a showing has been made that elimination of VHF
> service]{.underline} will not adversely affect life and property in
> the air.
>
> \(c\) Frequencies in the band[s]{.underline} [118.000--121.400
> MHz,]{.underline} 121.600--121.925 MHz[, 123.600--128.800 MHz, and
> 132.025--135.975 MHz]{.underline} are available to control towers and
> RCOs for communications with ground vehicles and aircraft on the
> ground. [Channel spacing is 25 kHz.]{.underline}
>
> [(d)]{.underline} The antenna heights [for control towers and
> RCOs]{.underline} shall be restricted to the minimum necessary to
> achieve the required coverage. ~~Channel spacing is 25 kHz.~~
>
> (~~d~~ [e]{.underline}) 121.500 MHz: emergency and distress only.

**CONCLUSION**

NTIA urges the Commission to amend and adopt the modifications to the
Commission's Rules consistent with NTIA comments. These recommendations
developed in conjunction with the FAA will enhance aviation safety will
facilitate the deployment of new technologies, encourage innovation in
the aviation and avionics equipment industries, and maximize spectrum
efficiency while protecting critical aviation safety operations.

Respectfully submitted,

/s/

Michael D. Gallagher Kathy D. Smith

Assistant Secretary for Communications Chief Counsel

and Information

Fredrick R. Wentland

Associate Administrator

Office of Spectrum Management

Darlene A. Drazenovich

Telecommunication Specialist

Office of Spectrum Management

> National Telecommunications and Information Administration

U.S. Department of Commerce

1401 Constitution Avenue, N.W.

Room 4713

Washington, DC 20230

> \(202\) 482-1850

September 13, 2004

[^1]: *Review of Part 87 of the Commission's Rules for Concerning the
    Aviation Radio Service*, Report and Order and Further Notice of
    Proposed Rulemaking (FNRPM), WT Docket No. 01-289, FCC 03-238, 18
    F.C.C. Rcd. 21432 (2003).

[^2]: FNPRM at ¶ 77.

[^3]: *Id.*

[^4]: *Id*. at ¶¶ 78-79.

[^5]: *Id*. at ¶ 78.

[^6]: *Id.* at ¶ 79.

[^7]: NTIA will propose this change to the International Radio
    Regulations in the WRC-07 preparation process.

[^8]: FNPRM at ¶ 80.

[^9]: *Id.*

[^10]: *Id*. at ¶ 81.

[^11]: *Id.* at ¶ 82.

[^12]: *Id.* at ¶ 85.

[^13]: *Id.* at ¶ 86.

[^14]: *Id*. at ¶ 89.

[^15]: *Id*. at ¶ 90.

[^16]: *Id.* at App.B, B-4.

[^17]: *Id*. at ¶ 91.

[^18]: *Id*. at ¶ 92.