**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

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

**REPORT AND ORDER AND FURTHER NOTICE OF PROPOSED RULE MAKING**

**Adopted: October 6, 2003 Released: October 16, 2003**

By the Commission:

**TABLE OF CONTENTS**

Para. No.

I. INTRODUCTION AND EXECUTIVE SUMMARY 1

II\. background 4

III\. report and order 6

A. Aeronautical Mobile Satellite (Route) Service (AMS(R)S) Issues 6

1\. Updating of Technical Standards for AMS(R)S Equipment 6

2\. Expanding the Authorization of AMS(R)S 12

B. Aeronautical Enroute Station Issues 17

C. Standards for Automatic Station Logs 25

D. Equipment Certification Issues 28

1\. Accommodation of 8.33 kHz Channel Spacing Transmitters 28

2\. Certification of Equipment for the Civil Reserve Air Fleet 34

3\. Certification of Equipment Requiring an FAA Showing of Compatibility
with the National Airspace System 36

E. Amending License Terms of Non-Aircraft Stations 39

F. Amending Construction Requirements of Non-Aircraft Stations 41

G. Additional Emission Types 42

H. Removal of References to the Civil Air Patrol (CAP) 46

I. Addition of Station Class Codes 48

J. Differential Global Positioning System (DGPS) 50

K. Aeronautical Advisory Station (Unicom) Issues 56

L. South San Diego Uncontrolled Airspace Corridor Group 66

M. Charter Aircraft Call Signs 68

N. Additional Issues 70

1\. Informing the Aviation Community About the Legal Limits of an
Aircraft License 71

2\. Aircraft Stations on Ultralight Aircraft 72

3\. Allocation for Radiobeacons 73

4\. Ground Testing of TCAS on 1090 MHz 74

5\. Editorial Revisions 75

IV\. further notice of proposed rule making 76

A. Universal Access Transceiver Technology 77

B. AMS(R)S Issues 78

C. Former Civil Air Patrol Frequencies 84

D. Removal of the Radionavigation Allocation in the Ku-Band 85

E. HF Frequency Bands 86

F. Increased Operational Flexibility 87

G. Emergency Watch ELT 88

H. Station Identification of Aircraft Operated by Maintenance Personnel
90

I. Aircraft Stations on Ultralight Aircraft 91

J. Security Control of Air Traffic and Air Navigation Aids 92

V. conclusion 93

VI\. regulatory matters 94

A. Ex Parte Rules - Permit-But-Disclose Proceeding 94

B. Final Regulatory Flexibility Certification 95

C. Comment Dates 100

D. Paperwork Reduction Act 103

E. Ordering Clauses 104

F. Further Information 108

APPENDIX A: FINAL RULES A-1

APPENDIX b: proposed RULES B-1

APPENDIX C: LIST OF COMMENTERS C-1

APPENDIX D: INITIAL REGULATORY FLEXIBILITY ANALYSIS D-1

# INTRODUCTION AND EXECUTIVE SUMMARY

1.  In this *Report and Order*, we amend Part 87 of the Commission's
    Rules (Part 87)[^1] in an effort to accommodate technological
    advances, facilitate operational flexibility, and promote spectral
    efficiency in the Aviation Radio Service. In undertaking this
    streamlining and updating of the Part 87 rules, we have sought to
    avoid unnecessary regulation of aviators and equipment
    manufacturers, while keeping foremost in mind the impact our
    decisions may have on safety of life and property in air navigation.
    The amendments we adopt in this *Report and Order* are derived from
    those which were either proposed in the *Notice of Proposed Rule
    Making* (*NPRM*)[^2] in this proceeding or proposed by parties
    filing comments in response to the *NPRM*. With respect to some
    issues, including certain proposals advanced by commenters, we
    believe the present record is inadequate to make a fully informed
    decision, and so we invite further comment on those proposals in the
    *Further Notice of Proposed Rule Making* (*FNPRM* or *Further
    Notice*), which follows the *Report and Order*.

2.  The major decisions we make in this *Report and Order* are that we:

-   update the technical specifications for Aeronautical Mobile
    Satellite (Route) Service (AMS(R)S) equipment;

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-   decline at this time to authorize the provision of AMS(R)S under
    Part 87 in the 1610-1626.5 MHz and 5000-5150 MHz frequency bands
    with the same priority and real-time preemptive access accorded to
    AMS(R)S in the 1554-1559 MHz and 1646.5-1660.5 MHz bands;

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-   permit the certification of dual spacing transceivers to accommodate
    aircraft operating in countries that employ 8.33 kHz channel
    spacing;

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-   extend license terms of non-aircraft stations from five to ten
    years;

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-   extend the construction period for aeronautical advisory stations
    (unicoms)[^3] and radionavigation land stations from eight months to
    one year;

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-   eliminate all references to the Civil Air Patrol from Part 87;

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-   authorize use of the Differential Global Positioning System (DGPS)
    in the 108-117.975 MHz and 1559-1610 MHz bands on a
    non-developmental basis, and also require DGPS receivers to meet
    minimum interference immunity requirements;

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-   modify the licensing approach for unicoms;

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-   retain, without revision, the rule specifying that there may be only
    one aeronautical enroute station licensee per location, but clarify
    that the licensee is expected to provide access to the spectrum on a
    reasonable, nondiscriminatory basis.

3.  In addition, the *FNPRM* seeks comment on the following matters,
    which either were raised by commenters in response to the *NPRM*, or
    which we now propose:

-   use of Universal Access Transceiver technology on the 978 MHz
    frequency;

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-   permitting licensees to utilize any emission type of their choosing
    in aeronautical spectrum that is not shared with other services,
    subject to certain conditions, and eliminating all requirements
    specific to data rates and modulation types, in order to accommodate
    new technologies such as Inmarsat's 64 kbps service;

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-   enabling the use of non-geostationary satellite networks for
    AMS(R)S;

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-   broadening AMS(R)S regulations so that they take account of the
    satellite systems of both Inmarsat and other operators;

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-   adopting additional technical requirements for AMS(R)S;

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-   identifying new uses for the frequencies formerly reserved for the
    Civil Air Patrol;

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-   removing the radionavigation allocation in the 14000-14200 MHz band;

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-   expanding the availability of air traffic control spectrum for
    ground control communications;

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-   codifying a waiver permitting certification and use of a back-up
    safety device designed to supplement conventional 121.5 MHz
    Emergency Locator Transmitters (ELTs);

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-   codifying a waiver authorizing a special station identification
    format to be used by aircraft being operated by maintenance
    personnel from one location in an airport to another location in the
    airport; and

-   terminating the assignment of FCC control numbers to ultralight
    aircraft.

# background

4.  Part 87 of the Commission's Rules governs the "Aviation Radio
    Service," an "umbrella term" that encompasses three discrete radio
    services designed to protect the safety of life and property in air
    navigation. These three services are: (1) the Aeronautical Mobile
    Service, which includes unicoms, aeronautical enroute stations,
    airport control stations, aircraft stations, and automatic weather
    observation stations; (2) the Aeronautical Radionavigation Service,
    which includes stations used for navigation, obstruction warning,
    instrument landing, and measurement of altitude and range; and (3)
    the Aeronautical Fixed Service, which is a system of fixed stations
    utilizing point-to-point radio communications for aviation safety,
    navigation or preparation for flight. The Commission has regulatory
    oversight responsibilities with respect to Aviation Radio Service,
    as does the Federal Aviation Administration (FAA).

5.  As noted in the *NPRM*,[^4] federal regulation of aviation
    communications pre-dates the creation of the Commission in 1934. As
    early as 1929, the Federal Radio Commission, the predecessor to this
    Commission as the federal agency charged with regulating
    communications services, adopted regulations regarding aviation
    communications.[^5] Moreover, the FCC, from its earliest days,
    recognized the vital importance of its oversight of aviation
    communications.[^6] The FCC's rules governing the Aviation Radio
    Service were initially codified in Part 9 of its Rules, but were
    moved to Part 87 in 1963.[^7] Prior to the instant rulemaking, the
    Part 87 rules were subject to an across-the-board review only once,
    in 1988.[^8] To review developments that have occurred in the
    interim, the *NPRM* was released on October 16, 2001. In response to
    the *NPRM*, we received nine comments and seven reply comments.[^9]

# report and order

## Aeronautical Mobile Satellite (Route) Service (AMS(R)S) Issues

### Updating of Technical Standards for AMS(R)S Equipment

6.  *Background*. AMS(R)S[^10] is a radio service providing
    communications via satellite between an aircraft earth station
    (AES)[^11] and land stations or other AES.[^12] AMS(R)S provides
    communications supporting operational control of both domestic and
    international air traffic. Such communications are important to the
    safe, efficient and economical operation of aircraft, and may convey
    information critical to aviation, such as aircraft position reports,
    performance, essential services and supplies, and weather
    information.[^13] Public correspondence -- private or personal
    messages of passengers or crew -- is prohibited.

7.  In 1992, the Commission adopted technical standards and licensing
    procedures for AMS(R)S.[^14] These requirements were based on
    standards promulgated by industry standard-setting organizations,
    such as the Minimum Operational Performance Standards (MOPS),
    developed by RTCA, Inc. (RTCA),[^15] and the Standards and
    Recommended Practices (SARPs), developed by the International Civil
    Aviation Organization (ICAO).[^16]

8.  Observing that the AMS(R)S technical standards in Part 87 had not
    been amended since 1992 although frequent updates had been made to
    the relevant MOPS and SARPs, the Commission proposed in the *NPRM*
    to revise Sections 87.131 and 87.139(i) of the Commission's
    Rules.[^17] The proposed rule changes were intended to ensure that
    the Part 87 AMS(R)S technical standards comport with current
    industry standards.[^18] Specifically, the Commission proposed to
    amend Section 87.131 to increase the allowable maximum output power
    of AES from sixty watts to eighty watts.[^19] The Commission
    reasoned that the eighty-watt maximum is the correct value, given
    that output power is measured at the output of the high power
    amplifier (HPA), before factoring in losses from RF cable and
    diplexer filtering.[^20] The Commission proposed to amend Section
    87.139(i) so that the emission limits set forth therein would be
    consistent with the most recent industry standards. In addition, it
    sought to eliminate provisions that duplicate standards established
    by the FAA in its Technical Standards Order governing AMS(R)S.[^21]

9.  *Discussion.* Based on our review of the record in this proceeding,
    we now believe that the current sixty-watt maximum, reflected in
    Section 87.131, should be retained. Honeywell and Rockwell Collins,
    the only parties commenting on this issue, agree that retention of
    the sixty-watt maximum is appropriate.[^22] As they correctly note,
    the Commission's premise for proposing the increase to eighty watts
    was that the reference point for the power measurement is the output
    of the HPA, as is typically specified in the Commission's Rules.
    However, we now believe that in this case the reference point should
    remain at the level of input port to the antenna subsystem because
    given the current state of transmitter technology it would not be
    possible for industry to meet spurious and harmonic emission
    requirements at the HPA output without the filtering provided by the
    diplexer.[^23] Moreover, we believe that retaining the sixty-watt
    maximum with measurement at the input port of the antenna subsystem
    better conforms to relevant RTCA and ICAO specifications.[^24] We
    therefore retain the maximum allowable value of sixty watts, and
    revise footnote 8 of Section 87.131 in order to clarify that the
    maximum average output power for aircraft earth stations may not
    exceed sixty watts, as measured at the input port of the antenna
    subsystem, including any installed diplexer.[^25] This amendment
    provides clear guidance to avionics equipment manufacturers, is
    reflective of the relevant international standards, and continues to
    serve the purpose for which the restriction was established.[^26]

10. With respect to the emission limits, we adopt the proposed amendment
    of Section 87.139(i) set forth in the *NPRM*.[^27] Commenters agree
    that our proposal appropriately aligns the rule with the emission
    limits set forth in RTCA DO-210D Change 1.[^28] Honeywell and
    Rockwell Collins also suggest that we add footnotes to the rule to
    reflect notes 5 and 6 in RTCA DO-210D Change 1.[^29] We will do so,
    in keeping with our objective of making the rule consistent with
    current industry standards.

11. Honeywell and Rockwell Collins state that some of the values set
    forth in the proposed amendment of Section 87.139(i) in Appendix A
    to the *NPRM* should be listed as negative values.[^30] All of the
    values in the proposed amendment to Section 87.139(i) set forth in
    Appendix A to the *NPRM*, as in the current rule, were listed as
    positive values (in contrast to the negative values found in the
    analogous table in RTCA/DO-210D). Positive values were listed in
    light of the Commission's proposed footnote 1 to the table, which
    states that "\[t\]hese values are expressed in dB *below* the
    carrier referenced to the bandwidth indicated...." (Emphasis added.)
    However, upon further reflection, we believe it would better advance
    our goal of aligning Section 87.139(i) with RTCA/DO-210D Change 1 if
    all of the values in the table were expressed as negative values and
    footnote 1 were rewritten to specify that the values are expressed
    in dB referenced to the carrier for the bandwidth indicated. Our
    final amendment of the rule accords with this determination.
    Finally, we decline to take any action on Honeywell's request that
    the Commission review the requirements of RTCA/DO-210D Change 1,
    item 19, and determine how to appropriately reflect those
    requirements in Part 87.[^31] Item 19 effectively establishes a
    guard band of five megahertz between AMS(R)S/AMSS
    aircraft-to-satellite transmissions governed by RTCA/DO-210D, on the
    one hand, and the upper edge of the so-called "Big LEO" band at
    1610-1626.5 MHz, on the other. This issue affects satellite system
    operators and Part 25 regulatory requirements as much as it does
    Part 87 licensees and Part 87 regulatory requirements, and is in the
    nature of an allocation issue that we believe should be addressed in
    a broader rulemaking than one focused just on the Part 87
    regulations. We therefore conclude that Honeywell's request is
    beyond the scope of this proceeding.

### Expanding the Authorization of AMS(R)S

12. *Background*. The Commission allocated spectrum for the Mobile
    Satellite Service (MSS)[^32] in 1986, determining that MSS
    operations could share spectrum with AMS(R)S operations.[^33] The
    Commission allocated the 1549.5-1558.5 MHz and 1651-1660 MHz bands
    on a co-primary basis to the MSS and AMS(R)S, but granted the
    AMS(R)S priority and real-time preemptive access to the
    spectrum.[^34] The Commission also allocated the 1545-1549.5 MHz and
    1646.5-1651 MHz bands to the AMS(R)S on a primary basis, with the
    MSS secondary in these bands.[^35]

13. Presently, Part 87 governs use of the 1545-1559 MHz and
    1646.5-1660.5 MHz bands for AMS(R)S.[^36] However, spectrum also is
    allocated to AMS(R)S on a primary basis, both domestically and
    internationally, in the 1610-1626.5 MHz and 5000-5150 MHz
    bands.[^37] The 1610-1626.5 MHz and 5000-5150 MHz bands are
    regulated under Part 25 of the Commission's Rules.[^38] While Part
    87 Rules and footnote US308 specify that AMS(R)S communications are
    to have priority and preemptive access over other MSS use in the
    1549.5-1558.5 MHz and 1651-1660 MHz bands,[^39] Part 25 does not
    provide such priority and preemptive access for AMS(R)S in the
    1610-1626.5 MHz and 5000-5150 MHz bands.

14. In the *NPRM*, the Commission requested comment on whether use of
    the 1610-1626.5 MHz and 5000-5150 MHz bands for AMS(R)S should be
    authorized under Part 87.[^40] The Commission stated that such an
    amendment would make the regulatory treatment and licensing of the
    1610-1626.5 MHz and 5000-5150 MHz bands more consistent with the
    regulatory treatment and licensing of the 1646.5-1660.5 MHz
    band.[^41] Further, the Commission sought comment on whether to
    provide for priority and real-time preemptive access for AMS(R)S in
    the 1610-1626.5 MHz and 5000-5150 MHz bands. In the *NPRM,* the
    Commission indicated that it was inclined against extending priority
    and real-time preemptive access to the 1610-1626.5 MHz and 5000-5150
    MHz bands because the ITU had not done so.[^42]

15. *Discussion.* At this time, we decline to amend the Rules to provide
    the additional AMS(R)S allotment in Part 87 or expand the reach of
    footnote US308. Although the commenters are in unanimous agreement
    that we should amend Part 87 to provide for the use of the
    1610-1626.5 MHz and 5000-5150 MHz bands for AMS(R)S,[^43] they are
    deeply divided on the question of whether we should extend the
    protections of priority and real-time preemptive access to AMS(R)S
    in those bands. The proponents of priority and real-time preemptive
    access -- the FAA, ARINC/ATA, and Rockwell Collins -- argue that the
    same safety considerations that support giving priority and
    preemptive access to AMS(R)S communications in the 1545-1559 MHz and
    1646.5-1660.5 MHz bands militate in favor of doing likewise in the
    1610-1626.5 MHz and 5000-5150 MHz bands.[^44] On the other hand,
    Boeing and Globalstar contend that such a mandate is unnecessary and
    may be counterproductive, because intra-network priority and
    preemptive access for AMS(R)S communications can be achieved without
    a Commission mandate. Specifically, they suggest alternative means
    such as FAA regulations, RTCA standards, the ITU *Radio Regulations*
    or contractual arrangements.[^45]

16. Subsequent to the adoption of the *Notice of Proposed Rule Making*
    in this proceeding, the Commission released a *Notice of Proposed
    Rule Making* in ET Docket No. 02-305,[^46] in which it proposes to
    alter the existing MSS and AMS(R)S allocations in the 1545-1559 MHz
    and 1646.5-1660.5 MHz bands. Specifically, the Commission has
    proposed to establish a primary, generic MSS allocation in the bands
    1545-1549.5 MHz, 1558.5-1559 MHz, 1646.5-1651 MHz, and 1660-1660.5
    MHz, and to delete as superfluous the AMS(R)S allocations in the
    bands 1549.5-1558.5 MHz and 1651-1660 MHz.[^47] Given the pendency
    of these proposals to alter the treatment of AMS(R)S in the
    L-band[^48] under the Part 2 Table of Frequency Allocations, we
    believe it would be premature to create a new Part 87 designation
    for AMS(R)S in the 1610-1626.5 MHz and 5000-5150 MHz bands or to
    extend the protections of priority and preemptive access to AMS(R)S
    operations in those bands. The Commission indicated in the *NPRM*
    that it would consider adding an allocation for AMS(R)S in the
    1610-1626.5 MHz and 5000-5150 MHz bands under Part 87 in order to
    make the regulatory treatment of AMS(R)S in these bands more
    consistent with the regulatory treatment of AMS(R)S in the L-band
    frequencies already covered by Part 87.[^49] Accordingly, we believe
    it would be prudent to defer acting on this issue in this proceeding
    until a decision is reached in ET Docket No. 02-305 on whether those
    L-band allocations for AMS(R)S should be modified. When we again
    address this issue, it will be incumbent on the proponents of
    priority and preemptive access to clearly demonstrate why it is
    essential that AMS(R)S be accorded such enhanced access to the
    spectrum resource vis-à-vis other services.

## Aeronautical Enroute Station Issues

17. *Background*. Aeronautical enroute stations are used for air-ground
    operational control communications to aircraft along domestic or
    international air routes, and may not be used for public
    correspondence.[^50] Airlines and other companies that maintain
    fleets of aircraft use these stations to satisfy certain FAA
    requirements. In the case of large trunk air carriers, these
    stations are used for maintaining reliable communications between
    each aircraft and the appropriate dispatch office. In the case of
    small airlines and large commercial aircraft operations,
    aeronautical enroute stations are used for maintaining
    flight-following systems.[^51]

18. When commercial aviation was still in its infancy, it was recognized
    that there was not sufficient suitable spectrum available to allow
    each aviation organization to have its own chain of radio stations
    to provide aeronautical enroute coverage along its various air
    routes.[^52] With encouragement from the Federal Radio Commission,
    early air transport companies adopted a plan calling for
    coordination and cooperation in the use of the available
    aeronautical enroute frequencies.[^53] To implement that plan, ARINC
    was incorporated in 1929 as a private communications company
    dedicated to serving the air transport industry on a non-profit,
    cost-sharing basis.[^54] ARINC is the licensee of all domestic
    network[^55] aeronautical enroute stations in the continental United
    States

19. Section 87.261(c) of the Commission's Rules specifies that, except
    in Alaska, only one aeronautical enroute licensee may be authorized
    at any one location.[^56] In 1981, the Commission affirmed the
    continuing validity of the rationale for this
    one-licensee-per-location rule. In this regard, the Commission noted
    that ARINC's stewardship of the aeronautical enroute spectrum
    provides a number of public benefits, including (1) cost-based
    rates, (2) better management of communications networks, (3)
    efficient spectrum use, and (4) incentives for research and
    development.[^57] In the *1981 Order,* the Commission described a
    number of negative consequences that it believed would result from
    eliminating the one licensee per location rule, including reduced
    spectral efficiency, reduced usefulness of the industry database,
    greater difficulty in coordinating frequency assignments, increased
    congestion and interference, and greater difficulty in the planning
    and implementation of new techniques and configurations.[^58]

20. In 1997, Société Internationale de Télécommunications Aéronautiques
    (SITA), which provides aeronautical enroute services in Europe,
    asked the Commission to consider whether the one-
    licensee-per-location limitation comports with U.S. policy in
    meeting our country's commitments under the World Trade Organization
    (WTO) Basic Telecommunications Agreement, which had been finalized
    earlier that year.[^59] SITA noted that most countries impose no
    limitation on the number of aeronautical enroute licensees
    authorized per location. Further, it argued that allowing more than
    one aeronautical enroute licensee per location in the United States
    would introduce competition into the aeronautical enroute service
    market, producing a number of benefits.[^60] The Commission declined
    to address SITA's request at that time, but stated that it would
    seek comment on this issue in a separate proceeding.[^61]

21. In the *NPRM*, the Commission invited comment on whether Section
    87.261(c) of the Commission's Rules should be amended to allow more
    than one aeronautical enroute licensee at a given location.[^62]
    Commenters were asked to specifically address whether the
    introduction of competition into this service would create the
    benefits described by SITA in its 1997 pleadings, or whether
    allowing more than one licensee in the same location would produce
    the negative effects noted by the Commission in the *1981
    Order*.[^63]

22. *Discussion.* We agree with ARINC/ATA that the current
    one-licensee-per-location limitation should remain intact. In this
    connection, we find it significant that the current rule has worked
    exceedingly well over the years, fostering safety, efficiency,
    competition, innovation and growth.[^64] We further agree with
    ARINC/ATA that the one-licensee-per-location restriction is
    consistent with U. S. obligations under the WTO Basic
    Telecommunications Agreement. In this regard, we note ARINC's
    statement that it treats foreign operators the same as domestic
    service providers who seek to use ARINC-licensed frequencies for
    purpose of providing aeronautical enroute service.[^65] Notably, it
    appears that ARINC already provides SITA with access to aeronautical
    enroute spectrum on an equitable basis.[^66] Moreover, we continue
    to believe that the one-licensee-per-location rule permits
    coordination that provides for efficient sharing of the spectrum. As
    ARINC/ATA suggests, we are concerned that eliminating the rule may
    harm competition because it would provide incentives for warehousing
    frequencies, would impair long-term planning by the industry, and
    would not lower the cost of aeronautical enroute service since such
    service is already offered on a cost recovery basis.[^67] We also
    find it decisionally significant that SITA, the only other commenter
    to address this issue, no longer is requesting repeal of the
    one-licensee-per-location limitation, but rather takes the position
    that "the Commission can allow the 'one licensee to a market' rule
    to remain in effect, so long as it explicitly assigns a frequency
    coordinator role to ARINC with specific nondiscrimination
    obligations."[^68]

23. We continue to believe that the public interest is served by
    maintaining the one-licensee-per- location limitation in the
    aeronautical enroute service. The spectrum scarcity that led to the
    promulgation of the one-licensee-per-location rule is still a
    reality in the aeronautical enroute service and, more broadly, in
    the Aviation Radio Service. The record indicates that central
    coordination of the aeronautical enroute spectrum by the civil
    aviation industry continues to offer significant benefits in terms
    of efficiency and innovation.

24. We decline to adopt SITA's proposal to amend Section 87.261 to
    codify nondiscrimination requirements for ARINC[^69] because we have
    not been presented with empirical evidence of any real-life problem
    that requires a regulatory response. We note that ARINC/ATA asserts,
    and SITA does not dispute, that ARINC has equitably facilitated the
    entry of competing enroute communications service providers, and has
    not rejected requests for access to the spectrum on grounds of
    unavailability.[^70] SITA acknowledges that it has gained access to
    the U.S. market through the use of ARINC-licensed spectrum.[^71]
    Given that SITA's proposal appears to address a theoretical concern,
    we believe it unnecessary to amend the rule in response thereto. We
    nonetheless note our expectation that ARINC would continue to
    coordinate the aeronautical enroute spectrum in an equitable manner,
    without discrimination and on a cost recovery basis, and to endeavor
    to provide access to the spectrum to all who seek such access, to
    the extent technically feasible.[^72] We would be very concerned if
    information came to us indicating that ARINC was departing from its
    historical practices with respect to providing reasonable
    nondiscriminatory access to the aeronautical enroute spectrum for
    which it is licensed. SITA, of course, may file a complaint with the
    Commission if it has objective information and/or evidence that
    ARINC is acting in a manner inconsistent with the Commission's rules
    and policies, including those reiterated herein.[^73] We reserve the
    discretion to revisit this issue should future developments so
    warrant.

## Standards for Automatic Station Logs

25. *Background*. Section 87.109 of the Commission's Rules provides that
    a station at a fixed location in the international aeronautical
    mobile service must maintain a written or automatic log in
    accordance with Paragraph 3.5, Volume II, Annex 10 of the ICAO
    Convention.[^74] Annex 10 of the ICAO Convention contains specific
    guidelines only for written station logs, not computer-generated
    automatic station logs. In 2000, ARINC asked the Commission to
    clarify whether stations must maintain a separate "Sign In and Out
    Log" when utilizing automatic logs.[^75] According to ARINC, a
    separate Sign In and Out Log is redundant because automated station
    logs electronically indicate radio operators as on and off at the
    position they work during a shift.[^76]

26. In the *NPRM*, the Commission proposed, as a preliminary matter, to
    eliminate the specific reference to Paragraph 3.5, Volume II, Annex
    10 of the ICAO Convention, and replace it with a more abbreviated
    reference to Annex 10 of the ICAO Convention. The Commission
    believed that removing the reference to the specific paragraph would
    minimize the effect on the Commission's Rules of changes to that
    specific paragraph.[^77] In response to ARINC's request, the
    Commission also proposed to clarify that computer-generated
    automatic logs must contain the same information as written logs --
    the information required by Annex 10 of the ICAO Convention --
    except for the Sign In and Out portion of the log, and to further
    amend Section 87.109 to add a detailed description of the required
    information.[^78] The Commission stated that such an approach would
    reduce confusion concerning the station log requirements and would
    promote increased use of automatic station logs.[^79]

27. *Discussion.* Based on our review of the record in this proceeding,
    we will adopt the amendments to Section 87.109 as proposed in the
    *NPRM*. ARINC/ATA, the sole commenter addressing these issues,
    agrees with the Commission's proposals to eliminate the reference to
    a specific paragraph in Annex 10 of the ICAO Convention and to
    specify that operators of automatic logs do not have to separately
    sign in and sign out in handwriting.[^80] We agree with ARINC/ATA
    that operator signatures are unnecessary because the computer
    terminals at fixed aeronautical stations record all of the
    information required by Annex 10 (other than the operator's
    handwritten signature) plus an electronic log-on and log-off by the
    radio operator.[^81] We believe that the rule changes we adopt today
    will simplify and clarify the application of the rule to station
    operators using automatic logs. We also believe these changes may
    encourage greater use of automatic logs, which we find to be in the
    public interest because of their efficiency, reliability, and
    accuracy. We also will amend Section 87.109 to provide a detailed
    and comprehensive list of the particular items of information
    required to be included in the logs.[^82] While ARINC/ATA favors
    simply revising Section 87.109 to state "Automatic logs shall
    contain the information required of written logs except that no
    operator signature is required,"[^83] we conclude that listing the
    specific log requirements individually in Section 87.109 will avoid
    imposing a potentially burdensome responsibility on licensees to
    keep up-to-date with the ICAO requirements. Since these log
    requirements are not technical regulations, we expect that they will
    be revised infrequently. Therefore, any burden on the Commission to
    update the rule in response to the occasional ICAO changes should be
    minimal, and we believe the burden of monitoring changes to the ICAO
    requirements is better placed on the Commission than on individual
    licensees.

## Equipment Certification Issues

### Accommodation of 8.33 kHz Channel Spacing Transmitters

28. *Background*. In 1997, ICAO adopted a channel plan based on a 8.33
    kHz channel bandwidth for Aeronautical Mobile (Route) Service
    (AM(R)S) communications in the 118-137 MHz band.[^84] This move to a
    narrower bandwidth was intended to alleviate a shortage of very high
    frequency (VHF) air traffic control channels in Western Europe and
    the United Kingdom.[^85] Eight countries implemented the 8.33 kHz
    channel plan in 1999,[^86] and aircraft operating within the
    airspace of those eight countries must now be able to transmit and
    receive on 8.33 kHz channels. In the United States, however,
    aircraft transmitters may be certified only if they comply with
    Commission and FAA requirements, including the 25 kHz channelization
    specified in Part 87 for the VHF aeronautical frequencies.[^87]
    Accordingly, waivers of Section 87.173(b) of the Commission's Rules
    are necessary to allow certification of any transmitter capable of
    operating on 8.33 kHz channels, including dual channel spacing
    transceivers, which are designed to operate on both 8.33 kHz
    channels and 25 kHz channels.[^88]

29. In the *NPRM*, the Commission proposed to amend Section 87.137 of
    its Rules to permit certification of dual channel spacing
    transceivers to accommodate U.S.-registered aircraft flying to, from
    or within the eight nations that have implemented the 8.33 kHz
    channel plan.[^89] The Commission tentatively concluded that such an
    amendment would promote air safety and operational efficiency,
    avoiding the need to resort to the administratively burdensome
    waiver process before approving the use of dual channel spacing
    transceivers that are necessary for reliable communication with air
    traffic controllers in the eight nations.[^90] The Commission
    emphasized that use of 8.33 kHz channels for communications within
    the National Airspace System (NAS)[^91] would remain
    prohibited.[^92]

30. The Commission also noted in the *NPRM* that, like Europe, the
    United States is experiencing a growing shortage of VHF air traffic
    control channels, and that the FAA is evaluating the use of VHF Data
    Link, Mode 3 (VDL-3), a new digital communications system plan that
    utilizes Time Division Multiple Access (TDMA) technology as an
    alternative to 8.33 kHz channelization, in order to allow more
    efficient use of the spectrum for domestic air travel.[^93] The
    Commission sought comment on whether the Part 87 Rules should be
    amended to accommodate TDMA emissions in the VHF AM(R)S band.[^94]
    As additional measures that could address the shortage of VHF air
    traffic control channels, the Commission also sought comment on
    whether to (a) allow the use of the 121.975-122.675 MHz band, which
    is currently designated for FAA flight service stations (FSS), for
    air traffic control on a secondary basis; and (b) allow the use of
    the 121.6-121.95 MHz band for general air traffic control
    communications, removing the present restriction limiting the use of
    these frequencies to ground control operations.[^95] The Commission
    said that it did not anticipate major coordination problems stemming
    from adoption of these two proposals because both the primary and
    the secondary services would be under the FAA's management.[^96]

31. *Discussion.* Based on the record before us, we decide to amend our
    Rules to accommodate dual channel spacing transceivers that can
    communicate using 8.33 kHz channels as well as 25 kHz channels,
    subject to the proviso that the use of 8.33 kHz channels in domestic
    airspace remains strictly prohibited.[^97] We agree with ARINC/ATA
    that this rule change will enhance the safety of U.S. aircraft that
    operate internationally.[^98] In order to implement this proposal
    while maintaining a ban on the use of 8.33 kHz channels on domestic
    flights, we shall add to the types of emission permitted by Section
    87.137, the emission designator 5K6A3E for emission class A3E with
    an authorized bandwidth of 8.33 kHz*.* In addition, rather than
    simply noting that emission designator 5K6A3E is authorized only for
    aircraft in international flight, as proposed in the *NPRM*,[^99] we
    will add a footnote, based on the suggestions of the FAA and
    Boeing.[^100] The footnote will state:

    In the band 117.975-137 MHz, the Commission will not authorize any
    8.33 kHz channel spaced transmissions or the use of their associated
    emission designator within the U.S. National Airspace System, except
    by avionics equipment manufacturers and Flight Test Stations, which
    are required to perform installation and checkout of such radio
    systems prior to delivery to their customers for use outside U.S.
    controlled airspace. For transmitters certificated to tune to 8.33
    kHz channel spacing as well as 25 kHz channel spacing, the
    authorized bandwidth is 8.33 kHz when tuned to an 8.33 kHz channel.

32. At this time, we decline to take further action to accommodate TDMA
    emissions. With respect to the issue of accommodating TDMA emissions
    in the VHF AM(R)S band, we note that in 2001 the Commission amended
    Sections 87.131, 87.133, 87.137, and 87.139 of its Rules[^101] to
    accommodate digital communications systems, including TDMA systems,
    throughout the VHF aeronautical radio spectrum.[^102] Specifically,
    in the *136-137 MHz Order*, the Commission permitted use of the
    emissions classes for phase modulation digital data transmission
    throughout the entire 117.975-137 MHz band,[^103] primarily in order
    to accommodate deployment of VDL-3 by the FAA.[^104] Commenters have
    not identified any additional measures they believe are needed to
    accommodate TDMA emissions.[^105] Thus, on the basis of this record,
    we decline to take further action to accommodate TDMA emissions
    beyond the measures adopted in the *136-137 MHz Order*.[^106]

33. Finally, we will amend our Rules to provide, as proposed in the
    *NPRM*, that (a) the FAA may use the 121.975-122.675 MHz band for
    air traffic control communications on a co-primary basis with FAA
    flight service stations (FSS), and (b) the 121.6-121.95 MHz band may
    be used for general air traffic control communications. Both the FAA
    and ARINC/ATA support allowing the FAA to use the 121.975-122.675
    MHz band for air traffic control as well as FSS.[^107] In addition,
    the FAA also supports removing the restriction limiting the use of
    the sub-band 121.6-121.95 MHz to ground control communications so
    that it may be used for general air traffic control
    communications.[^108] The FAA says removing the existing limitations
    on use of these frequencies will enhance the ability of the FAA to
    find frequencies for new requirements.[^109] We agree that
    permitting the FAA to use the 121.975-122.675 MHz and 121.6-121.95
    MHz frequencies for general air traffic control communications will
    serve the public interest by enhancing the FAA's flexibility to
    redistribute spectrum resources under its control in response to
    changing demand.[^110] We note, however, that ARINC/ATA contends
    that any use of the 121.975-122.675 MHz band for air traffic control
    communications should be co-primary with, rather than secondary to,
    flight service station communications on these frequencies.[^111]
    ARINC/ATA asserts that the ITU *Radio Regulations* as well as Annex
    10 to the ICAO Convention prohibit air traffic control frequencies
    from being assigned on a secondary basis.[^112] Given this concern,
    we think it appropriate to authorize FAA use of the 121.975-122.675
    MHz band for air traffic control communications on a co-primary
    basis with FSS operations. Since these frequencies remain under
    exclusive FAA oversight, and the objective of these measures is to
    give the FAA greater discretion in managing these frequencies in
    response to changing operational needs, we conclude that according
    co-primary rather than secondary status to air traffic control
    communications in the 121.975-122.675 MHz band poses little risk of
    causing harmful interference to flight service station operations or
    creating a shortage of available spectrum for such operations.

### Certification of Equipment for the Civil Reserve Air Fleet

34. *Background*. The Commission observed in the *NPRM* that aircraft of
    the Civil Reserve Air Fleet[^113] or other civil aircraft may
    sometimes have a need to communicate with military facilities, which
    use frequencies outside of the civil aviation band, specifically in
    the 138-144 MHz and 150.05-150.8 MHz Government bands, and in the
    148-149.9 MHz band, which is shared by Government and non-Government
    users.[^114] Currently, however, VHF aviation transmitters can be
    certified under the Part 87 Rules only if they are designed to
    operate exclusively on frequencies in the civil aviation band.[^115]
    Consequently, it has been necessary to grant waivers of the
    Commission's Rules to permit certification of aviation transmitters
    capable of operating in both the civil aviation band and the
    military radio bands.[^116] Observing that requiring the use of
    waivers to obtain equipment certification is inefficient and
    resource-intensive, the Commission proposed in the *NPRM* to amend
    its Rules to allow the certification of radios that operate both
    inside and outside the civil aviation bands, with the qualification
    that Commission certification will only apply to use inside the
    civil aviation band.[^117]

35. *Discussion.* We will amend Section 87.147 of the Commission's Rules
    to provide for certification of equipment capable of operating in
    both the civil aviation band and the military radio bands.[^118] We
    believe that adopting this measure will enhance air safety, most
    significantly by facilitating communications between civil aircraft
    and military air traffic controllers in emergencies.[^119] The
    Commission has previously determined that the potential for misuse
    of these extended frequency range transceivers is slight, and that
    there is not a significant threat of interference from such
    transceivers.[^120] Allowing this equipment to be authorized without
    requiring that it be subject to a waiver process will relieve both
    applicants and Commission staff of an unnecessary administrative
    burden, and will expedite the authorization process. We emphasize
    that this rule change addresses equipment certification only. As the
    Commission observed in the *NPRM*,[^121] other agencies are
    responsible for granting authorization to operate outside of the
    civil aviation band, and nothing we do herein should be construed as
    authorizing operations outside of the civil aviation band in the
    United States under our Part 87 Rules.

### Certification of Equipment Requiring an FAA Showing of Compatibility with the National Airspace System

36. *Background*. Under Section 87.147(d) of the Commission's Rules, an
    applicant seeking Commission certification of equipment that is
    intended to operate in any of the frequency bands specified in
    Section 87.147(d)(3) must notify the FAA of the filing of the
    certification application.[^122] The applicant also must provide the
    FAA with detailed information about the equipment for which the
    certification is sought, and include a copy of the notification
    letter to the FAA with the application for Commission
    certification.[^123] The rule further provides that the Commission
    will not act on the certification application for twenty-one days
    after the application is filed, in order to afford the FAA an
    opportunity to determine whether the equipment is compatible with
    the NAS.[^124] If the FAA determines that the equipment is not
    compatible with the NAS, it can submit an objection to certification
    of the equipment.[^125] In the *NPRM*, the Commission proposed to
    streamline this process by requiring equipment certification
    applications to include an FAA determination addressing the
    equipment's compatibility with the NAS.[^126] The Commission
    tentatively concluded that requiring applicants to secure an FAA
    determination of the equipment's compatibility with the NAS before
    they file the application for FCC certification of the equipment
    would "provide applicants with increased participation in the
    certification process, streamline the certification process, reduce
    the FAA's and the Commission's administrative workload, and reduce
    the time necessary to obtain certification."[^127]

37. *Discussion.* After consideration of the comments, we conclude that
    we should modify the current process and rules to eliminate the
    21-day waiting period and to provide that the Commission will not
    act on an application until it receives an FAA determination of
    whether it objects to the subject equipment's certification. This
    solution addresses the interest of private sector commenters in
    avoiding any sequential review that might prolong the equipment
    certification process.[^128] Our eliminating the twenty-one day
    period will not extend the process, because, contrary to what
    appears to be at least one commenter's understanding,[^129] the rule
    prescribes a minimum waiting period before the Commission can act
    upon an application. It does not set a hard-and-fast deadline by
    which the FAA must comment on, or object to, the application.
    Further, it does not prevent the Commission from considering FAA
    comments or objections that are submitted more than twenty-one days
    after the application was filed, and it does not prevent the
    Commission from withholding a decision on the application until it
    does receive an affirmative representation from the FAA that the
    equipment is either compatible or incompatible with the NAS. In
    practice, the staff has observed a routine procedure of waiting
    until it first learns of the FAA's assessment before applications
    for equipment certification are granted. The fact that commenters
    apparently are generally pleased with the existing speed of
    processing such applications suggests that continuation of the
    practice already followed by the staff should not be
    problematic.[^130] In addition, our elimination of the twenty-one
    day waiting period removes an obstacle to potential speedier
    processing of some applications. We also believe that by clarifying
    what our practice has been in fact, and will continue to be, *i.e.,*
    to wait to hear from the FAA on the NAS compatibility question
    before acting on a certification application, we address the concern
    that prompted the FAA to support a change to the existing
    process.[^131]

38. We will also amend 47 C.F.R. § 87.147(d)(3) to list additional
    particular frequency bands for which related equipment certification
    is subject to FAA notification. Section 87.147(d) requires that an
    applicant for certification of equipment intended for transmission
    in frequencies listed in Section 87.147(d)(3) notify the FAA of the
    filing of an equipment certification application.[^132] Our
    amendment will ensure that all equipment designed to operate in the
    NAS is subject to FAA review for compatibility with the NAS.[^133]
    Prior to this amendment, Section 87.147(d)(3) omitted several
    frequency bands that may be used for operation in the NAS from its
    list of frequency bands subject to the FAA review requirement.[^134]
    The omission of these frequency bands from the existing rule was an
    oversight. We observe that no commenter opposed this FAA
    proposal.[^135]

## Amending License Terms of Non-Aircraft Stations

39. *Background*. In the *NPRM*, the Commission proposed to extend the
    license terms of non-aircraft station licenses in the Aviation Radio
    Service from five years to ten years.[^136] The Commission reasoned
    that this would provide non-aircraft stations with the same license
    term as aircraft stations[^137] and with similar stations in other
    services, would benefit licensees by effectively halving their
    application fees and the costs of filing license renewal
    applications, and would reduce the costs incurred by the Commission
    in processing renewal applications.[^138]

40. *Discussion.* We will extend the license term for non-aircraft
    stations to ten years, as proposed.[^139] Extending the license term
    for non-aircraft stations to ten years is consistent with other
    Commission actions in recent years extending license terms in many
    services to ten years.[^140] In addition, we believe our action
    should provide some of the same types of public interest benefits --
    a more stable regulatory environment, incentives for investment in
    licensed facilities, additional flexibility for licensees, and
    reduced administrative burdens for licensees and the Commission
    alike -- that warranted ten-year license terms in other services. It
    also promotes consistency in our licensing processes by conforming
    the license term of non-aircraft stations with that of aircraft
    stations[^141] and coast stations, which provide service in the
    Maritime Radio Services that is functionally similar to that
    provided by non-aircraft stations in the Aviation Radio
    Service.[^142] The ten-year license term will apply prospectively to
    licenses issued or renewed after the effective date of the amended
    rule. This action does not extend existing license terms, and thus
    does not affect the date by which incumbent licensees must file
    their next renewal applications.

## Amending Construction Requirements of Non-Aircraft Stations

41. In the *NPRM*, the Commission proposed to extend the time -- from
    eight months to one year -- by which newly authorized unicom and
    radionavigation land stations must be placed in operation.[^143] The
    Commission tentatively concluded that the longer construction period
    would reduce the number of requests for extensions of time to
    construct a station, and would otherwise simplify regulatory
    requirements applicable to these licensees while decreasing
    administrative burdens on both licensees and the Commission. This
    approach, the Commission observed, also would be consistent with the
    Commission's recent actions regarding construction requirements in
    other services.[^144] We received no comments on this proposal.
    Accordingly, we will adopt the proposal to amend Section 87.45 of
    the Rules[^145] to extend the construction period for unicom
    stations and radionavigation land stations from eight months to one
    year. We believe this action will not significantly delay the
    initiation of operations by newly authorized unicom stations and
    radionavigation land systems. The new construction period has
    prospective effect only, and does not extend the construction
    deadline for any existing licenses. Accordingly, the one-year
    construction period will apply only to unicom and radionavigation
    land licenses issued after the effective date of this rule
    amendment. An eight-month construction period still applies to all
    existing licenses and will continue to apply to all licenses issued
    before the effective date of this rule amendment. As before,
    licensees of unicom stations and radionavigation land stations who
    seek an extension of time to construct must meet the requirements
    set forth in Section 1.946 of the Commission's Rules.[^146]

## Additional Emission Types

42. *Background*. Emission type J2D[^147] is not authorized under Part
    87 of the Commission's Rules, but pursuant to a series of waivers,
    ARINC has been using it for enroute high frequency (HF)
    communications since 1996 to facilitate ARINC's participation in the
    development of a worldwide HF datalink system. Given the apparent
    absence of any problems stemming from these operations, the
    Commission proposed in the *NPRM* to add J2D as an acceptable data
    emission type for enroute HF communications.[^148] The Commission
    reasoned that including J2D as an acceptable emission type would
    reduce the administrative burden of authorizing the use of J2D
    through waivers only, and would also facilitate implementation of
    the worldwide HF datalink system.[^149] The Commission invited
    comment on this proposal and, more generally, on whether the
    Commission should continue to designate specific emission types on
    aviation frequencies that are not shared with other services, or
    instead allow licensees to utilize any emission type in these
    frequencies if the transmitters meet the other applicable technical
    specifications.[^150]

43. *Discussion.* We will adopt the proposal to add J2D as a permissible
    emission type for enroute HF communications. We believe this action
    will enhance licensee flexibility, facilitate development and
    implementation of the worldwide HF datalink system, and promote
    administrative efficiency by obviating the need to resort to the
    waiver process in order to authorize use of J2D.[^151] Since ARINC
    has been using J2D since 1996, we have empirical support for our
    conclusion that authorizing the use of this emission type under Part
    87 will not result in harmful interference.[^152] In addition, we
    note that all of the commenters addressing this proposal support it.

44. In addition to adding J2D, we will include the emission type A2D in
    Section 87.131 of the Commission's Rules[^153] as an authorized
    emission type for VHF aeronautical enroute and fixed stations and
    for aircraft stations. As noted by ARINC/ATA,[^154] this emission
    designator is already listed as a permissible class of emission in
    Section 87.137(a) of the Rules.[^155] We therefore view the addition
    of A2D to Section 87.131 as non-controversial. We take no action on
    ARINC/ATA's related suggestion to delete all references to emission
    type A9W as obsolete,[^156] because we are not persuaded on this
    record that A9W is indeed obsolete and, in any event, we see no
    significant regulatory objective to be served by deletion of this
    emission type.

45. Rockwell Collins also recommends that the Commission abandon its
    existing approach of authorizing emission types one by one and
    simply include language "to permit all waveforms as long as the
    transmitters meet the other applicable technical
    specifications."[^157] Rockwell Collins adds that if this approach
    is adopted, "the impacts of interference, particularly
    ultra-wideband interference ... that may raise the overall spectrum
    noise floor, \[must\] be clearly understood."[^158] Inmarsat
    likewise favors amendment of the Part 87 Rules to authorize the use
    of any emission type if other requirements are met.[^159]
    Eliminating the designation of specific emission types would, in
    Inmarsat's view, "accommodate the rapid advances in digital
    communications that result in the introduction of new emission types
    into satellite communications systems on a regular basis."[^160]
    Although we believe there may be merit to this proposal, we also
    believe that the potential ramifications of this proposal for the
    interference environment in the VHF aeronautical spectrum counsel
    against its adoption on the basis of the current record. We believe
    the record should be augmented on the question of what additional
    technical specifications, if any, may be needed to ensure that the
    authorization of all emission types does not result in increased
    interference, especially interference to safety-related
    communications. We discuss this proposal further, and seek
    additional comment on it, in the *FNPRM*.[^161]

## Removal of References to the Civil Air Patrol (CAP)

46. *Background*. Part 87 contains several references to the Civil Air
    Patrol (CAP).[^162] In the *NPRM*, the Commission questioned whether
    it was necessary to retain these references. In this connection, it
    noted that, at present, there are no outstanding licenses for CAP
    stations, the Commission has no formal relationship with CAP (which
    is authorized by the Air Force and the National Telecommunications
    and Information Administration (NTIA)), and there is no apparent
    need to carve out special licensing provisions for CAP
    stations.[^163]

47. *Discussion.* The FAA, the sole commenter to address this issue,
    supports deleting all Part 87 references to the CAP.[^164] We
    conclude that, for the reasons stated in the *NPRM*, there is no
    continuing regulatory purpose to be served by maintaining the
    references to the CAP, and we will, therefore, delete them.
    Moreover, those frequencies that had been listed as CAP frequencies
    in Section 87.173(b) of our Rules will be reserved, and we request
    comment in the *FNPRM* on reallotting them for other Aviation Radio
    Service uses.[^165]

## Addition of Station Class Codes

48. *Background*. The Part 87 Rules use two- or three-character codes to
    classify the different types of stations in the Aviation Radio
    Service.[^166] In the *NPRM*, the Commission expressed a belief that
    it should update the station class codes to reflect advances in
    ground control technology and changes in airport procedures.[^167]
    Specifically, the Commission proposed to add five additional station
    class codes:[^168] (a) Remote Communications Outlet (RCO),[^169] (b)
    Ground Communication Outlet (GCO),[^170] (c) Ramp Control
    (RPC),[^171] (d) RADAR/TEST (RLD),[^172] and (e) Radio Navigation
    Land/DME (RNV).[^173] The Commission reasoned that adding these five
    proposed new station class codes would have the Part 87 station
    classification scheme conform to terms of art used in the aviation
    community, increase the accuracy of its licensing database, and
    enable the Commission to better coordinate its licensing activities
    with the NTIA's Interdepartment Radio Advisory Committee
    (IRAC)[^174] and the FAA by adding a greater level of detail to the
    coordination process.[^175] In addition to seeking comment on the
    proposed new station class codes, the Commission solicited comment
    on the broader issue of whether it should eliminate station class
    codes from Part 87, and utilize them solely within the application
    process.[^176] The Commission noted that such an approach is used
    for the Private Land Mobile Radio (PLMR) Services; although station
    class codes are employed in the filing and processing of PLMR
    applications, they are not codified in the Commission's Part 90
    Rules. In the *NPRM,* the Commission tentatively concluded that
    removing the station class codes from Part 87 "would not only
    streamline our rules, but would also simplify the task of
    maintaining a technologically current list of station codes by
    allowing us to update or otherwise modify the station class code
    list as necessary without having to go through a formal rule making
    process each time."[^177]

49. *Discussion.* We will add the five new station class codes proposed
    in the *NPRM*. Adding these five station class codes will permit
    greater precision in classifying and coordinating these stations. We
    note that this proposal is unopposed by any commenter in the
    proceeding.[^178] As proposed in the *NPRM*, we will begin licensing
    new stations using these new codes on the effective date of these
    rule changes, and will bring existing stations into conformance with
    these new station codes as we receive renewal or modification
    applications.[^179] We decline at this time to adopt a new station
    class code for Universal Access Transceiver (UAT) stations, as
    proposed by the FAA, because we have determined to request further
    comment on the FAA and UPS proposals to authorize UAT operations on
    the frequency 978 MHz.[^180] We will revisit this issue after
    reviewing the comments submitted in response to the *FNPRM*. We
    conclude, after further consideration of whether to remove station
    class codes from Part 87 and refer to them solely in the licensing
    process, that the station class codes should remain codified in Part
    87.[^181] The Commission suggested in the *NPRM* that removing the
    station class codes would both streamline Part 87 and facilitate
    future updating of the codes by obviating the need for rulemaking
    proceedings. However, for two reasons, we now believe that removing
    station class codes from Part 87 would actually add to the
    complexity of Part 87. First, the class codes provide a short-hand
    description of types of stations which would have to be replaced by
    a lengthier description of the stations if the codes are removed.
    Second, the frequency table in Section 87.173[^182] would have to be
    expanded significantly to ensure clarity as to what types of
    stations are authorized on particular frequencies. Although removing
    the station class codes from Part 87 potentially would offer the
    advantage of avoiding a need to amend Part 87 whenever the class
    codes are changed, augmented or deleted, we believe that the overall
    balance of considerations favors keeping the class codes in Part 87.

## Differential Global Positioning System (DGPS)

50. *Background.* The Global Positioning System (GPS) is a radio
    navigation system with global coverage that utilizes a constellation
    of twenty-four satellites to provide users, both military and
    civilian, with real-time location, velocity and timing information.
    DGPS represents an advancement of GPS technology that improves the
    positioning accuracy that can be obtained by GPS receivers, by
    adjusting for positioning errors caused by, for example, signal
    bounce or signal noise. DGPS uses fixed transmitting stations, which
    calculate differences in known locations with the position the GPS
    satellite system is indicating, and send this "differential"
    information via radio link to mobile units. DGPS can be provided
    from stations on the ground, through Ground Based Augmentation
    Systems (GBAS),[^183] and via satellite, through Space Based
    Augmentation Systems (SBAS).[^184] In 1999, at the FAA's request,
    the Commission amended Part 87 of its Rules to authorize the
    operation of DGPS in the 112-118 MHz band.[^185] In 2000, the NTIA
    permitted DGPS to be used by the Government for aircraft navigation
    on a primary basis in the 108-117.975 MHz, 1559-1610 MHz, and
    5000-5150 MHz bands.[^186] Later that year, the FAA petitioned the
    Commission to allow the use of DGPS throughout the 108-117.975 MHz
    band.[^187]

51. In response to the earlier proposals and actions of the NTIA and the
    FAA, in the *NPRM*, the Commission proposed to add a new footnote,
    US343, to the Commission's Table of Frequency Allocations,[^188] to
    read as follows:

    US343 Differential-Global-Positioning-System (DGPS) Stations may be
    authorized on a primary basis in the bands 108-117.975 MHz and
    1559-1610 MHz for the specific purpose of transmitting DGPS
    information intended for aircraft navigation.[^189]

    The Commission further proposed to expand the authorization for DGPS
    from the 112-118 MHz band to the 108-117.975 MHz on a primary
    basis.[^190] In addition, the Commission proposed to change the
    designation of DGPS as a developmental technology, and instead
    license DGPS systems on a routine non-developmental basis.[^191]
    Although the Commission also proposed to authorize DGPS operations
    in the 1559-1610 MHz band,[^192] it tentatively concluded in the
    *NPRM* that it should not authorize the use of DGPS in the 5000-5150
    MHz band because the FAA has determined that DGPS use of the
    5000-5150 MHz band is not technically feasible.[^193]

52. *Discussion.* We believe that the widespread adoption of DGPS
    technology by the aviation community demonstrates that the
    developmental technology classification is no longer
    necessary,[^194] and that it would serve the public interest to
    authorize DGPS operations on a non-developmental basis in the
    108-117.975 MHz and 1559-1610 MHz bands.[^195] Authorizing DGPS
    operations in the 108-117.975 MHz and 1559-1610 MHz bands will
    promote aviation safety by permitting expanded use of the radio
    navigation technology that provides the most accurate positioning
    information.[^196]

53. AFCCE, while supporting extension of the DGPS authorization to
    108-112 MHz, recommends that the Commission mandate that the DGPS
    receivers operating in this spectrum be compliant with the ICAO
    standards.[^197] AFFCE asserts that requiring compliance with the
    ICAO EMI requirements will promote safety. AFFCE and Hammett &
    Edison argue that without such a requirement, DGPS receivers will be
    more vulnerable to interference from FM and television broadcast
    stations, as a consequence of which the FAA may issue Air Navigation
    Hazard determinations that would lead to the Commission's denial of
    applications for new broadcast stations that would otherwise be in
    the public interest.[^198] AFCCE and Hammett & Edison both propose
    that the Commission condition the extension of the DGPS
    authorization or otherwise take steps to require the FAA to change
    the computer model it uses to investigate broadcast-aviation
    electromagnetic compatibility issues, the Airspace Analysis Model
    (AAM), by incorporating the performance parameters of ICAO-compliant
    DGPS receivers.[^199] The AAM needs to be changed, Hammett & Edison
    adds, because it already "grossly over-predicts interference" to
    Instrument Landing Systems (ILS) from FM broadcast stations due to
    the model's presumption of a "worst performing" aircraft
    receiver.[^200] If the AAM were based on an ICAO-compliant receiver,
    Hammett & Edison posits, there would be an approximately 20 dB
    reduction in the projected EMI threat posed by the FM broadcast
    station. Hammett & Edison concludes that "the present FAA policy of
    basing its AAM on worst case aircraft radios results in unreasonable
    predictions of interference in modern receivers."[^201]

54. After the comment period in this proceeding closed, the
    International Telecommunication Union (ITU) 2003 World
    Radiocommunication Conference (WRC-03) approved Resolution 413,
    titled "Use of the band 108-117.975 MHz by aeronautical services."
    The Resolution states, in relevant part, "that any additional
    aeronautical systems planned to operate in the frequency band
    108-117.975 MHz shall as a minimum, meet the FM broadcasting
    immunity requirements contained in Annex 10 of the ICAO Convention
    on International Civil Aviation for existing aeronautical
    radionavigation systems operating in this frequency band."

55. Since the WRC has recognized the importance of compatibility between
    FM broadcasting systems and DGPS systems, and because we believe
    requiring compliance with the ICAO EMI requirements will promote
    safety, we adopt the ICAO immunity standards as required by
    Resolution 413.[^202] Therefore, all DGPS receivers certified for
    use in the band 108-117.975 MHz must comply with the sensitivity and
    intermodulation immunity requirements contained in ICAO Annex 10
    paragraphs 3.6.8.2.2.8.2 and 3.6.8.2.2.8.3.[^203] We also believe
    this requirement will promote the spectrum efficiency benefits
    envisioned in the Spectrum Policy Task Force Report.[^204] Due to
    the decreased likelihood of FM broadcast stations posing an
    interference threat to aviation communications, we believe that this
    decision will also ease the burden on new broadcast stations, as
    stated by AFCCE and Hammett & Edison.[^205]

## Aeronautical Advisory Station (Unicom) Issues

56. *Background*. Section 87.215(b) of the Commission's Rules[^206]
    specifies that only one unicom will be authorized at an uncontrolled
    airport, *i.e*., an airport which does not have either a control
    tower,[^207] a control tower remote communications outlet
    (RCO),[^208] or an FAA flight service station (FSS).[^209] At
    controlled airports, *i.e*., airports that have a full-time control
    tower, RCO, or FSS, multiple licensees may be authorized, but must
    share a single frequency, 122.950 MHz,[^210] and may not transmit
    information regarding runway conditions, wind, or weather during the
    hours of operation of the controlling facility.[^211] The vast
    majority of airports in the United States are uncontrolled
    airports,[^212] where unicoms are often the only available source of
    this critical safety-related information, and where the one
    licensee-per-airport restriction is applicable.

57. In the *NPRM*, the Commission sought comment on a number of issues
    pertaining to unicoms. First, the Commission sought comment on
    whether its designation of unicom frequencies as either MA (all
    aircraft) or MA2 (private aircraft only) should be eliminated
    because the apparent reluctance of licensees to request an MA2
    frequency may be causing congestion on the MA frequencies.[^213]
    Second, the Commission sought comment on whether Section 87.217(a)
    of the Rules[^214] should be amended to require, rather than permit,
    unicom applicants to identify a specific frequency for which they
    seek to be licensed, in order to prevent situations in which the
    channel that produces maximum geographic co-channel separation is
    not the most appropriate channel for the particular airport.[^215]
    In such situations, the Commission observed, the applicant petitions
    the Commission for another frequency, a step that consumes both the
    airport's and the Commission's time and resources.[^216]

58. Finally, the Commission requested comment on how to choose among
    mutually exclusive applicants competing for the single unicom
    license available at an uncontrolled airport.[^217] Currently,
    mutually exclusive unicom applications are designated for
    comparative hearing, a process that the Commission views as
    "lengthy, expensive and inefficient."[^218] The Commission noted
    that, under the Balanced Budget Act of 1997, it is required to use
    competitive bidding to resolve mutually exclusive applications for
    initial licenses, unless licenses are covered by an exemption set
    forth in the statute.[^219] However, as the Commission further
    noted, the statute also provides that the Commission has an
    obligation to avoid mutual exclusivity in proceedings if it is in
    the public interest to do so, by employing engineering solutions,
    negotiations, threshold qualifications, service regulations, and
    other appropriate means.[^220] In the *NPRM,* the Commission
    indicated that unicoms at uncontrolled airports provide services
    that contribute to the safety of life, health, and property; there
    is no alternative spectrum for the provision of these services; and
    a government entity is typically one of the applicants when there
    are mutually exclusive unicom applications.[^221] The *NPRM*
    therefore tentatively concluded that it would serve the public
    interest to adopt a licensing scheme that avoids mutually exclusive
    unicom applications, at least where government entities are
    involved.[^222] The *NPRM* offered the following possible
    alternatives for avoiding mutual exclusivity: licensing on a
    first-come, first-served basis; providing a preference for airport
    owners; and providing incumbent unicom licensees with a renewal
    expectancy.[^223]

59. *Discussion.* We will eliminate the MA/MA2 dichotomy for unicom
    licenses, and will require unicom applicants to specify the
    particular frequencies that they seek.[^224] We believe that the
    MA/MA2 distinction no longer serves any significant regulatory
    objective. Further, our licensing experience indicates that
    classifying unicom frequencies as MA or MA2 is counterproductive. We
    believe that allowing all unicom frequencies to be used for all
    aircraft will provide more flexibility in the assignment of
    frequencies. Further, having unicom applicants specify a particular
    frequency also will increase applicants' flexibility. The Universal
    Licensing System[^225] requires that applicants do so, and it has
    been the experience of our licensing staff that this procedure is
    more efficient, and has reduced the administrative burden on
    licensees and the Commission. Accordingly, elimination of the MA/MA2
    dichotomy for unicom licenses is appropriate, as is our requiring
    unicom applicants to specify a particular frequency that they seek.

60. Given that unicom stations provide vital safety-related information
    to pilots at uncontrolled airports, we believe that they should be
    licensed on the basis of public safety criteria. Moreover, the
    public safety function of unicoms suggests that the use of
    competitive bidding procedures would not be appropriate for
    unicoms[^226] because of the lag time that would result between the
    time an incumbent licensee terminates service and the time when a
    new licensee is selected (*i.e.,* after an auction is scheduled and
    conducted).[^227] In addition, the fact that mutual exclusivity in
    the unicom context typically involves a government entity competing
    against a private company further militates against reliance on
    competitive bidding procedures to select licensees.

61. The FAA believes that the hearing process remains a preferable means
    of choosing among mutually exclusive unicom applicants because
    competitive bidding is not a proper means of determining the
    licensee of a safety of life service.[^228] However, we continue to
    believe that designating competing unicom applications for hearing
    is inefficient, time-consuming, costly, and unnecessary.

62. We decide to employ a system of preferences to avoid the problems
    that arise from mutual exclusivity. First, we will grant incumbent
    licensees a renewal expectancy that can be overcome only if a
    petitioner to deny license renewal can demonstrate that the
    licensee's performance has been inadequate. We reject Boeing's
    suggestion that renewal expectancies are not appropriate for
    unicoms.[^229] We believe that granting renewal expectancies in this
    context has significant public interest benefits, such as promoting
    stability, licensee investment and long-term planning, which have
    been bases for the use of renewal expectancies in other
    contexts.[^230] For this service, however, we will not require the
    renewal applicant to submit any showing in the absence of any
    pleadings opposing the renewal. Unless a petition to deny a license
    renewal is filed within thirty days of the filing of the renewal
    application, the renewal expectancy will vest, and the renewal
    application will be granted.[^231] We anticipate that renewal
    applications will generally be challenged only when a government
    entity is dissatisfied with the performance of the incumbent
    licensee, since, as discussed below, only the government entity (or
    its designee) will be eligible for licensing if the challenge is
    successful and the license became available. Accordingly, challenges
    should be relatively infrequent, and should occur not because of
    commercial considerations, but because of safety concerns.[^232]

63. We will limit eligibility for new unicom licenses to government
    entities or their designees.[^233] This public service eligibility
    nexus will ensure that new licensees have a vested interest in
    public safety, and will maximize the possibility that adequate
    ongoing resources will be made available for operating unicom
    stations in a manner that promotes public safety. Indeed, we
    anticipate that many, if not most, new licensees will be state or
    local government agencies with a public safety mission. For purposes
    of this requirement, the definition of eligible entities will follow
    the language of Section 337(f)(1)(B) of the Communications Act,
    which defines a class of eligible entities as "(i) ... State or
    local government entities; or (ii) ... nongovernmental organizations
    that are authorized by a governmental entity whose primary mission
    is the provision of \[public safety\] services ...."[^234] This
    licensing system does not preclude a private sector entity, by
    virtue of its private sector status, from acquiring a new unicom
    license;[^235] however, it will be able to do so only with the
    appropriate designation by the relevant state or local government
    agency.[^236]

64. The licensing scheme that we adopt here has several virtues. It will
    be simple to administer, avoids mutual exclusivity, should keep
    churn in licensees at low levels, provides certainty, encourages
    investment in unicom stations, and, most importantly, provides for
    the selection of licensees in a manner that promotes air safety. We
    believe that government entities or their private sector entity
    designees have the incentives and access to resources that can best
    ensure that aviation safety is the paramount focus in unicom station
    operations. However, by the same token, we see no reason to oust
    incumbent licensees who have performed satisfactorily in the view of
    governmental authorities. Accordingly, our licensing rules will
    permit such incumbent licensees to retain their licenses unless and
    until some other party successfully challenges the adequacy of their
    respective performance as unicom licensees.

65. We decline to adopt a rule to provide a license preference for an
    airport owner in situations in which no government entity applies
    for the license.[^237] We believe such a preference is unnecessary
    given that airport owners can be designated to be the license
    applicant by a government entity.[^238] We also decline to adopt a
    requirement for applicants to agree to a sharing mechanism in
    situations in which licensing preferences cannot resolve problems
    posed by applications having mutual exclusivity.[^239] Although
    Boeing suggests that such applicants develop a sharing proposal
    without Commission involvement, we are nevertheless concerned that
    the Commission would have to become involved in the details of the
    agreement in order to ensure consistency with the policy behind the
    one-unicom-station-per-airport restriction, or otherwise would have
    to routinely intervene to resolve disputes between applicants in
    such situations. The rules we adopt avoid this possibility.

## South San Diego Uncontrolled Airspace Corridor Group

66. *Background*. The Commission has granted a general aviation special
    temporary authority (STA) to the South San Diego Uncontrolled
    Airspace Corridor Group[^240] authorizing the use of the frequency
    121.95 MHz for air-to-ground and air-to-air communications for
    aircraft up to 13,000 feet above mean sea level between Imperial
    Beach, California and Tecate, Mexico.[^241] This STA authorizes
    aircraft involved in parachute jump activities within the defined
    area to use 121.95 MHz to communicate position and safety
    information. The STA was granted because of the large amount of air
    traffic in this area, comprised in large part of air traffic
    generated by the activities of military, and other Federal
    Government and local government entities, and the resultant spectrum
    congestion. An STA is temporary in nature,[^242] yet the conditions
    that created the need for this STA are not temporary. Therefore, the
    Commission proposed in the *NPRM* to codify the terms of the STA in
    Section 87.187 of the Rules,[^243] authorizing for an indefinite
    duration the use of 121.95 MHz for air-to-ground and air-to-air
    communications for aircraft up to 13,000 feet above mean sea level
    between Imperial Beach, California and Tecate, Mexico.[^244]

67. *Discussion.* We will amend Section 87.187 to codify the terms of
    the STA granted to the South San Diego Uncontrolled Airspace
    Corridor Group. The only commenter addressing this proposal, the
    FAA, supports it.[^245] As noted, the congestion in this area, and
    the consequent need to use the 121.95 MHz frequency for position and
    other safety communication information, is not expected to end in
    the near term. Adopting this rule change, therefore, will provide
    greater certainty to the South San Diego Uncontrolled Airspace
    Corridor Group and relieve it of the burden of filing repeated
    requests for extensions of the STA or for new STAs. It will likewise
    relieve the Commission of the burden of repeatedly processing such
    STA requests. We note that this action is consistent with our prior
    actions codifying area-specific provisions in Section 87.187.[^246]

## Charter Aircraft Call Signs

68. *Background*. A "wet lease" is an arrangement by which the lessor
    agrees to provide an entire aircraft and at least one crewmember to
    the lessee.[^247] Some U.S. air carriers lease their aircraft to
    other carriers, both domestic and foreign, under the provisions of
    wet lease agreements governed by the FAA.[^248] Some wet lease
    agreements specify that the lessor will not use its own name or call
    sign in communications transmissions, but rather the name and call
    sign of the lessee, because the aircraft will be traveling in the
    airspace of a foreign country for which the owner/licensee does not
    have operating authority. Section 87.107 of the Commission's Rules
    sets forth the station identification requirements for aircraft
    stations, and it specifies that the station identification used in
    transmissions be either the call sign assigned by the FCC to the
    carrier or the registered number of the aircraft.[^249] Section
    87.107 makes no exception for aircraft operated under wet lease
    agreements. Noting that wet lease agreements "represent a prevalent
    industry practice," the Commission proposed in the *NPRM* to allow a
    lessee to create a temporary call sign using the lessee's carrier
    call sign followed by the suffix "WLA," denoting that this aircraft
    is owned by another carrier.[^250]

69. *Discussion.* The FAA is the only commenter to address this
    proposal, and it opposes authorizing temporary call signs for
    aircraft operated under wet lease agreements because the use of such
    temporary call signs could "hinder identification of the
    operator."[^251] Given the FAA's opposition and the absence in the
    record of any indication that the inability to acquire temporary
    call signs for aircraft operated under wet lease arrangements is a
    problem for any industry segment, we will not adopt this proposal.

## Additional Issues

70. In the *NPRM*, the Commission also invited comment on the following
    issues: (1) how to better inform the aviation community regarding
    the scope of authority provided by an FCC station license;[^252] (2)
    licensing ultralight aircraft;[^253] (3) a proposal to add a
    designation for radiobeacons in the 525-535 kHz band;[^254] and (4)
    a proposal to authorize, by rule, ground testing of Traffic Alert
    and Collision Avoidance Systems (TCAS) on 1090 MHz.[^255] We discuss
    each of these issues, as well as nonsubstantive editorial changes
    recommended by commenters, in turn below.

### Informing the Aviation Community About the Legal Limits of an Aircraft License

71. The Commission sought comment, especially from small entities, on
    how to better inform the aviation community of the specific
    authority conveyed by an FCC-issued aircraft license, because there
    has appeared to be some confusion on this subject within certain
    segments of that community.[^256] The only responsive comment was
    from the FAA, which suggested that the Commission require placement
    of "a permanent placard on the unit clearly visible to the user
    indicating that the radio can only be used in accordance with the
    provisions of Part 87 of the Commission's Rules."[^257] We will not
    implement the FAA's placard suggestion at this time because (1)
    there is no information in the record on the potential costs of
    compliance with such a requirement, and (2) we believe that
    disseminating information on our web site and/or through public
    notices will be adequate to address this matter. We encourage the
    Wireless Telecommunications Bureau to use those tools, and such
    other tools as may be available to it, to better educate the
    aviation community on this subject.

### Aircraft Stations on Ultralight Aircraft

72. Our rules currently require aircraft stations operating on
    ultralight aircraft to identify themselves by an FCC-assigned
    control number.[^258] In the *NPRM*, the Commission stated that
    "\[l\]icensing these stations in this manner has not only become
    administratively burdensome, but has essentially made the Commission
    the registrar of ultralight aircraft since the FAA does not license
    ultralight aircraft."[^259] The Commission therefore sought comment
    on whether and how the individual licensing of aircraft stations
    operating from ultralight aircraft might be terminated without
    compromising the safety of life and property.[^260] We did not
    receive any comments on this issue. Since there is nothing in the
    record to indicate that eliminating the requirement that ultralight
    aircraft identify themselves by an FCC-assigned control number is
    problematic, and because we believe most such aircraft can acquire
    "N" numbers, we propose in the *FNPRM* to eliminate the
    requirement.[^261]

### Allocation for Radiobeacons

73. The Commission proposed to amend Section 87.173 of the Rules[^262]
    by adding a designation for radiobeacons in the 525-535 kHz band.
    The proposal was made because this allocation is reflected in the
    Section 2.106 Table of Frequency Allocations.[^263] We received no
    comments on this proposal. We will therefore amend Section 87.173 as
    proposed. The Commission also proposed, as a ministerial matter, to
    amend Section 87.173 to correct typographical errors, changing
    "406.25 MHz" to "406.025 MHz" and changing "510.525 kHz" to "510-525
    kHz." We will change the latter reference to "510-535 kHz," to
    reflect the new designation of the 525-535 kHz band for radiobeacon
    use. However, we replace the reference to "406.025 MHz" with
    "406.0-406.1 MHz" to be consistent with, and for the same reasons
    as, our decision to begin using "406.0-406.1 MHz" in Part 80 as the
    term for the emergency position indicating radiobeacons (EPIRBs)
    formerly called "406 MHz EPIRBs."[^264]

### Ground Testing of TCAS on 1090 MHz

74. The Commission has granted waivers to allow ground testing of TCAS
    on 1090 MHz.[^265] In the *NPRM*, the Commission proposed to codify
    this use, viewing this waiver process as inefficient and
    resource-intensive.[^266] We adopt this proposal for the reason
    stated in the *NPRM*, and, accordingly, amend Section 87.475(c)(2)
    of our Rules.[^267]

### Editorial Revisions

75. We are adopting, without further comment, some FAA proposals that
    are of a nonsubstantive editorial nature. For example, we adopt the
    FAA's proposals to update the names of the relevant FAA offices to
    which various submissions must be made, as set forth in 47 C.F.R. §§
    87.111, 87.147(d)-(e), and 87.529, and to correct a typographical
    error in 47 C.F.R. § 87.139(h)(2).[^268] We will also adopt the
    FAA's proposals to add certain definitions to 47 C.F.R. § 87.5 for
    terms that currently appear in Part 87; however we reject as
    unnecessary FAA proposals to add definitions of terms that do not
    currently appear in Part 87.[^269] We note that the FAA's Comments
    included a "red-lined" version of the Proposed Rules Appendix of the
    *NPRM* (*i.e.,* providing proposed insertions and deletions to
    *NPRM* proposed rule language), but which lack, in part,
    accompanying explanations. We decline to take action on any
    substantive FAA proposal lacking in any explanation in this
    proceeding to support it. For reasons explained below, we are
    proposing in the *FNPRM* to adopt the FAA's proposals to revise the
    Part 87 rules listing frequencies in the HF band, to better reflect
    the ITU *Radio Regulations*, and to make frequencies in the
    118-121.4 MHz, 121.6-121.925 MHz, 123.6-128 MHz, and 132.025-135.975
    MHz bands available for ground control communications.[^270]

# further notice of proposed rule making

76. In the *NPRM*, the Commission asked interested parties to consider
    whether other sections of Part 87 should be revised to ensure that
    the Rules "stay abreast of technological advances, conform to the
    rules governing other radio services, and are responsive to industry
    needs... ."[^271] Commenters were also asked to identify Part 87
    Rules that should be eliminated because they are duplicative,
    outmoded, or otherwise unnecessary.[^272] In response, we received
    several recommendations for amending Part 87 that we believe merit
    further discussion. In this *FNPRM*, we seek additional comment on
    proposals made by various commenters in this proceeding so that we
    may augment the record on these issues. We also make additional
    proposals, on our own motion, for which we seek comment. With
    respect to all of these proposals, we ask commenters to provide us
    with detailed suggestions regarding any appropriate regulatory
    language and the specific rules that should be amended in order to
    implement the proposal.[^273] In addition, we ask commenters to
    address with particularity the impact, if any, these proposals may
    have on public safety and homeland defense.

## Universal Access Transceiver Technology

77. UPS and the FAA both request that we add new rules to Parts 2 and
    87[^274] to accommodate the use of the 978 MHz frequency by the
    Universal Access Transceiver (UAT), a datalink technology that has
    been developed to provide Automatic Dependent Surveillance --
    Broadcast Service (and other services) to the aviation
    community.[^275] They point out that UAT technology has been
    field-tested in the FAA Alaska Region over the last two years, using
    approximately 150 airborne and ground stations, and at several sites
    within the continental United States, including the FAA Technical
    Center near Atlantic City, New Jersey, NASA's Runway Incursion
    Prevention System test bed at Langley, Virginia, and the Dallas-Ft.
    Worth Airport.[^276] We also note that the RTCA's Working Group 5 of
    Special Committee 186 has approved standards for the UAT
    datalink.[^277] Based on the above, we propose to amend the Part 87
    rules to accommodate UAT use of the 978 MHz frequency, as shown in
    Appendix B, *infra*. Commenters are asked to address the preclusive
    effect, if any, that this rule change might have on other services,
    including the possibility of harmful interference to other services.
    Commenters should also consider whether there is a need to make any
    corresponding changes to the Section 2.106 Table of Frequency
    Allocations.

## AMS(R)S Issues

78. *Emissions*. Part 87 of our Rules sets forth the specific emission
    types that are authorized in the Aviation Radio Service. Rockwell
    Collins, joined by Inmarsat, favors relaxing the Part 87 Rules to
    authorize the use of any emission type of the licensee's choosing,
    subject to certain safeguards.[^278] Rockwell Collins believes that
    the Commission should go even further. Rockwell Collins says the
    Commission should consider eliminating all requirements, other than
    reporting requirements, that are specific to data rates and
    modulation types.[^279] Rockwell Collins also urges that the
    Commission establish bandwidth limitations that would accommodate
    high data rate services such as Swift64, Inmarsat's new 64 kbps
    service.[^280] Rockwell Collins states that such a rule change will
    permit "a new and innovative aeronautical waveform" that will
    provide passengers and crew with voice and data services, including
    the capability for "significantly higher data rates than those
    currently supported by the Part 87 Rules."[^281] We seek comment on
    this proposed liberalization of the Part 87 technical rules,
    particularly with respect to the impact it will have on the
    interference environment in the Aviation Radio Service. We also ask
    for comment on whether elimination of the specified requirements is
    appropriate only for the VHF AMS(R)S band, or whether it should be
    extended to additional spectrum in the VHF aeronautical band, or
    perhaps to the whole band. We note, in this regard, that a
    relaxation of the technical rules may be suitable for certain
    frequencies for which the FAA or ARINC provides central coordination
    and oversight, but may not be suitable for other frequencies, such
    as those allotted for unicom stations. Commenters should also
    address the impact of such a relaxation of the technical rules on
    radio services operating in adjacent frequency bands, and whether
    additional emissions limitations would be necessary to protect such
    adjacent-band services from interference.

79. As an alternative to adopting the Rockwell Collins proposal, we seek
    comment on Boeing's proposal to at least accommodate code division
    multiple access (CDMA) emissions in the VHF AMS(R)S band.[^282]
    Boeing observes that the introduction of CDMA technologies can
    enhance AMS(R)S by enabling satellite operators to provide priority
    and preemptive access for emergency and safety-related
    communications without suspending the communications links for less
    critical communications.[^283] We request comment as to whether, if
    we determine to continue authorizing emission types on a
    case-by-case basis, we should accommodate CDMA technology, as
    proposed by Boeing.[^284] Finally, commenters are also invited to
    propose additional rule changes that they believe may still be
    needed to fully accommodate TDMA emissions in the wake of the
    *136-137 MHz Order*.[^285]

80. *Use of Non-Geostationary Satellite Networks*. Boeing, stating that
    the Commission originally crafted its AMS(R)S rules solely for
    satellite networks using geostationary orbit platforms, proposes
    that the Commission amend the Part 87 Rules to enable use of
    non-geostationary satellite orbit (NGSO) networks for the provision
    of AMS(R)S.[^286] It notes that both RTCA and ICAO have recently
    begun addressing the provision of aeronautical mobile satellite
    services (AMSS) and AMS(R)S by NGSO networks. Boeing states that
    ICAO's Aeronautical Mobile Communications Panel has prepared
    amendments to the SARPs for this purpose,[^287] and RTCA Special
    Committee 165 has developed MOPS for next generation satellite
    systems.[^288] Boeing concludes, "\[r\]ecognizing the work of RTCA
    and ICAO, the Commission should update its rules for AMS(R)S to
    reflect the potential use of NGSO networks."[^289] We request
    comment on this proposal, and ask supporters of the proposal to
    provide specific amendatory language to implement this proposal in
    the Part 87 Rules. Commenters are asked to consider specifically
    whether it would be premature to adopt this proposal before RTCA and
    ICAO finalize standards for the provision of AMS(R)S by NGSO
    networks.

81. *Broadening the AMS(R)S Rules Beyond the Inmarsat System*. Boeing
    states that the Part 87 Rules governing AMSS and AMS(R)S were
    developed primarily for aircraft that communicate via the Inmarsat
    satellite system and, as a result, they contain technical
    restrictions that, while appropriate for Inmarsat, "have little or
    no relevance to satellite networks using different or more advanced
    technical configurations."[^290] Boeing adds that many of the
    technical requirements that need to be revised are addressed
    elsewhere in its comments, but identifies a number of other rules
    that also should be revised to adapt them to non-Inmarsat satellite
    networks.[^291] As an alternative, Boeing suggests that the
    Commission could simply amend many of these rules to indicate that
    they apply only to AES operating with the Inmarsat system.[^292]
    ARINC/ATA agrees with Boeing that Part 87 should be amended to take
    account of the operating parameters of non-Inmarsat satellite
    systems.[^293] We invite comment on this proposal. With respect to
    Boeing's alternative proposal to simply specify that the existing
    technical requirements in question apply only to AES operating with
    the Inmarsat system, commenters should consider what effect such
    action would have for non-Inmarsat satellite systems.

82. *Technical Requirements*. Although we have deferred for the time
    being the question of whether to specifically authorize AMS(R)S in
    the 1610-1626.5 MHz and 5000-5150 MHz bands under Part 87,[^294] we
    request comment as to whether additional technical requirements for
    AMS(R)S are warranted, whether we ultimately do authorize AMS(R)S in
    these bands or not. The FAA and Boeing suggest that we should at
    least augment the technical requirements for AMS(R)S in the
    5000-5150 MHz band in order to protect microwave landing systems
    (MLS).[^295] Globalstar, however, contends that the Commission
    should not impose any new technical requirements for AES used in the
    provision of AMS(R)S in these bands, but should instead allow
    licensees to operate pursuant to the existing Part 25 requirements
    for satellite systems in these bands.[^296] We request comment on
    whether we need to adopt additional technical requirements for
    AMS(R)S operations either to protect MLS or for any other reason.
    Commenters are requested to suggest any appropriate rule amendments
    and to indicate whether, in their view, new technical requirements
    are warranted for all AMS(R)S operations, need only apply to AMS(R)S
    operations in certain frequency bands, or why no amendments are
    appropriate.

83. *Use of the 2 GHz Band*. Boeing requests that the Commission codify
    its policy of permitting AMS(R)S in any MSS band.[^297] Boeing
    requests that we amend the Part 87 Rules to specify that the 2 GHz
    band, in addition to the 1610-1626.5 MHz and 5000-5150 MHz bands, is
    available for AMS(R)S, and to establish emission limitations and
    other requirements for such AMS(R)S operations.[^298] In contrast,
    Globalstar states that, unlike the situation with respect to the
    1610-1626.5 MHz and 5000-5150 MHz bands, there currently is no
    allocation either in the United States or internationally for
    Aeronautical Radionavigation Service in the 2 GHz band.[^299] We
    note, as a preliminary matter, that the Commission has indeed
    determined that AMS(R)S is a type of Aeronautical Mobile-Satellite
    Service (AMSS), and that AMSS is a type of MSS.[^300] However, the
    Commission did not propose in the *NPRM* to include the 2 GHz band
    as part of the additional spectrum to be authorized for AMS(R)S
    operations under Part 87. We hereby invite further comment on
    whether we should amend Part 87 to provide technical rules to govern
    AMS(R)S in the 2 GHz band.

## Former Civil Air Patrol Frequencies

84. In the *Report and Order*, we removed all Part 87 references to the
    CAP as obsolete.[^301] This included removing references to the CAP
    from the Remarks column in the Section 87.173(b) frequency table
    and, as an interim measure, indicating that the frequencies in
    question are reserved. We now request commenters to propose the
    services, if any, to which these frequencies should be reallotted,
    keeping in mind that these are shared Government/non-Government
    frequencies.[^302] Commenters are also asked to consider whether any
    or all of these frequencies should simply be removed from Section
    87.173(b) so that they are no longer available for licensing under
    Part 87.[^303]

## Removal of the Radionavigation Allocation in the Ku-Band

85. Boeing proposes that the Commission remove the reference to the
    14000-14400 MHz band in Section 87.187(x) of the Rules[^304] and
    also remove from the Table of Frequency Allocations[^305] the
    allocation for radionavigation in the 14000-14200 MHz band.[^306]
    According to Boeing, there is no existing or planned use of the band
    for radionavigation in ITU Region 2,[^307] either by Government or
    non-Government users.[^308] In addition, Boeing claims that it has
    confirmed the absence of radionavigation operations in the band from
    ITU, FAA, ICAO, International Maritime Organization, U. S. Coast
    Guard and Canadian Coast Guard officials, and that FAA spectrum
    management personnel have verified that there are no plans to use
    any frequencies in the 14000-14400 MHz band for aviation services in
    the future.[^309] We tentatively agree with Boeing, and accordingly
    propose to remove these Ku-Band allocations for radionavigation from
    the Table of Frequency Allocations and the Part 87 Rules.[^310]

## HF Frequency Bands

86. The FAA proposes that we amend the frequency table in Section
    87.173(b) of our Rules by replacing the existing frequency listings
    that fall within the HF AM(R)S frequency bands with entries for the
    band segments 2850-3025 kHz, 3400-3500 kHz, 4650-4700 kHz, 5450-5680
    kHz, 6525-6685 kHz, 8815-8965 kHz, 10005-10100 kHz, 11275-11400 kHz,
    13260-13360 kHz, 17900-17970 kHz, and 21924-22000 kHz.[^311] The FAA
    also proposes that we delete the table of international HF
    frequencies in Section 87.263(d)[^312] and replace it with a note
    indicating that the subject frequencies are to be used in accordance
    with Appendix 27 of the ITU *Radio Regulations*.[^313] We
    tentatively conclude that adopting these proposals would further the
    Commission's goals of harmonizing the Part 87 Rules with
    international standards and is otherwise in the public interest. We
    invite comment on this proposal.

## Increased Operational Flexibility

87. In the *Report and Order*, we removed the restriction limiting the
    use of the 121.6-121.95 MHz frequencies to ground control, and
    allowed these frequencies to be used for general purpose air traffic
    control communications.[^314] The restriction was removed in the
    interest of enhancing the FAA's flexibility to manage its spectrum
    resources in response to changing needs.[^315] We also expanded the
    authorized use of the 121.975-122.675 MHz flight service station
    frequencies to permit air traffic control operations.[^316] Toward
    the same end, the FAA requests that we also amend Section 87.421 of
    the Rules[^317] to make the frequency bands listed therein,[^318]
    which currently are available only to control towers and RCOs,
    available for ground control communications.[^319] We agree that
    such operational flexibility is desirable in order to address
    congestion in the VHF air traffic control channels. As a result, we
    now propose to revise the Rules to permit the FAA to use the three
    remaining frequency bands listed in Section 87.421 of the
    Commission's Rules -- 118-121.4 MHz, 123.6-128.8 MHz, and
    132.025-135.975 MHz -- for air traffic control communications,
    including ground control communications.[^320] We seek comment on
    this proposal.

## Emergency Watch ELT[^321]

88. In July 2000, the Chief of the Public Safety and Private Wireless
    Division, Wireless Telecommunications Bureau, granted a waiver to
    Breitling U.S.A., Inc. to permit certification of the Breitling
    Emergency Watch, a back-up safety device designed to supplement
    conventional 121.5 MHz ELTs.[^322] By way of background, the
    Breitling Emergency Watch is intended to be used by survivors of air
    crashes to facilitate identification of the crash site location by
    search and rescue personnel. The device is designed to be worn on a
    person's wrist, and is activated by breaking a cap and uncoiling an
    antenna from the watch case.[^323] A waiver was needed to certify
    this device because it did not comply with many of the Part 87
    technical requirements applicable to aviation ELTs, including the
    requirements pertaining to power characteristics,[^324] transmitter
    control requirements,[^325] operating temperature,[^326] and battery
    labeling.[^327] The initial waiver was granted on a one-year trial
    basis, subject to four conditions requested by IRAC.[^328] In
    October 2001, the one-year limitation was eliminated.[^329] This
    action was supported by the FAA, the Aircraft Owners and Pilots
    Association, and other commenters, based on the public safety
    benefits of the Breitling Emergency Watch and in the absence of
    significant interference problems stemming from its use during the
    one-year trial period.[^330]

89. We now request comment on whether we should amend the Part 87 Rules
    to permit certification of the Breitling Emergency Watch and similar
    devices without need of a waiver of the regulations governing ELT
    technical characteristics. If commenters conclude that we should
    amend the Part 87 Rules, they should also indicate what particular
    amendments would be appropriate. We tentatively conclude that
    permitting such devices will promote public safety by providing an
    accurate and rapid means by which search and rescue personnel can
    locate the victims of an air crash or other aviation distress
    incident. We ask commenters whether the only rules that need to be
    amended are those waived in the context of the *Breitling Waiver
    Order*, or whether there are additional rules that should also be
    amended.[^331] Moreover, we seek comment on whether we should
    incorporate into the Rules the conditions that apply to the current
    waiver, namely, the requirement that the device be operated only in
    aviation emergency situations, and the requirement for the
    manufacturer to keep records of all purchases, to provide the
    records on a regular basis to the FAA, and otherwise to the Federal
    Government upon request. Finally, we seek comment on the possibility
    of requiring that all such devices be designed for single use and
    manual activation, like the Breitling Emergency Watch.

## Station Identification of Aircraft Operated by Maintenance Personnel

90. In July 2002, the Chief, Public Safety and Private Wireless
    Division, Wireless Telecommunications Bureau, responding to a
    request by the FAA,[^332] granted a waiver of Section 87.107(a) of
    the Rules[^333] 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.[^334]
    Specifically, the waiver permits aircraft being taxied from one
    airport location to another by maintenance personnel, to use a
    station identification which consists of the name of the company
    owning or operating the aircraft, followed by the word "Maintenance"
    and whatever additional alphanumeric characters the licensee deems
    sufficient to avoid duplicative or confusing station
    identifications.[^335] This waiver was granted in response to the
    FAA's assertion that problems in communications between air traffic
    ground controllers and aircraft maintenance personnel moving
    aircraft within an airport had resulted in runway incursions and
    other threats to airport safety, and that these problems could be
    reduced by grant of the requested waiver.[^336] We now propose to
    codify the terms of this waiver in Section 87.107(a) of the
    Commission's Rules by establishing a new station identification
    format that may be used for aircraft operated by maintenance
    personnel within an airport. That is, we propose to amend Section
    87.107(a) to authorize aircraft stations, on aircraft being moved
    within the airport by maintenance personnel, to use a station
    identification consisting of the name of the owner or operator of
    the aircraft, followed by the word "Maintenance" and whatever
    additional alphanumeric characters the licensee deems sufficient to
    avoid duplicative or confusing station identifications We request
    comment on our proposal.

## Aircraft Stations on Ultralight Aircraft

91. As noted previously, we did not receive any comments in response to
    the question in the *NPRM* as to whether and how the individual
    licensing of aircraft stations operating from ultralight aircraft
    might be terminated without compromising the safety of life and
    property.[^337] The absence of comments on this question suggests a
    lack of interest in continued licensing of aircraft stations on
    ultralight aircraft. Given our understanding that other station
    identification alternatives are available for aircraft stations on
    ultralight aircraft, including the acquisition of "N" numbers, we
    therefore propose to eliminate the requirement in Section
    87.107(a)(2) of the Commission's Rules that FCC control numbers be
    assigned to ultralight aircraft for station identification
    purposes.[^338] We ask commenters to address our tentative
    conclusion that there are alternative means by which aircraft
    stations on ultralight aircraft may identify themselves,
    particularly the "N" number-based format described in current
    Section 87.107(a)(3).[^339]

## Security Control of Air Traffic and Air Navigation Aids

92. Section 87.395 of the Commission's Rules contains provisions
    pertaining to the Plan for the Security Control of Air Traffic and
    Air Navigation Aids (SCATANA).[^340] SCATANA defines the
    responsibilities of the Commission for the security control of
    non-Federal air navigation aids.[^341] In furtherance of the
    national security purposes underlying SCATANA, the Commission has
    developed the FCC Support Plan for the Security Control of
    Non-Federal Air Navigation Aids (Support Plan), which sets forth
    procedures and instructions to be followed when SCATANA is
    implemented, permitting the use of such navigation aids by the
    military and by government agencies. Section 87.395 provides, *inter
    alia*, that all licensees are subject to restrictions imposed by
    appropriate military authorities pursuant to SCATANA and the FCC
    Support Plan when an Air Defense Emergency or Defense Emergency
    exists or is imminent.[^342] In view of post-September 11
    developments, such as the creation of the Department of Homeland
    Security and the comprehensive review of the nation's national
    security preparedness, we believe that it is appropriate to invite
    comment on whether changes to SCATANA, the Support Plan, or Section
    87.395 may be warranted. Proponents of such changes should precisely
    identify the changes that are advocated and provide an analysis of
    how the proposed changes would further national security.

# conclusion

93. In the *Report and Order*, we adopt a number of amendments that
    modernize the Part 87 Rules in a manner that will enhance aviation
    safety, facilitate the deployment of new technologies, encourage
    innovation in the aviation and the avionics equipment industries,
    harmonize our Rules with international standards, and maximize
    spectral efficiency while maintaining important safeguards against
    interference. In the *Further Notice of Proposed Rule Making*, we
    seek comment on a number of possible additional changes to Part 87
    that have the potential to further these same objectives.

# regulatory matters

## A. Ex Parte Rules - Permit-But-Disclose Proceeding {#a.-ex-parte-rules---permit-but-disclose-proceeding .unnumbered}

94. This is a permit-but-disclose notice and comment rulemaking
    proceeding. *Ex parte* presentations are permitted, except during
    the Sunshine Agenda period, provided they are disclosed as provided
    in our Rules.[^343]

## B. Final Regulatory Flexibility Certification  {#b.-final-regulatory-flexibility-certification .unnumbered}

95. The Regulatory Flexibility Act of 1980, as amended (RFA),[^344]
    requires that a regulatory flexibility analysis be prepared for
    notice-and-comment rule making proceedings, unless the agency
    certifies that "the rule will not, if promulgated, have a
    significant economic impact on a substantial number of small
    entities."[^345] The RFA generally defines the term "small entity"
    as having the same meaning as the terms "small business," "small
    organization," and "small governmental jurisdiction."[^346] In
    addition, the term "small business" has the same meaning as the term
    "small business concern" under the Small Business Act.[^347] A
    "small business concern" is one which: (1) is independently owned
    and operated; (2) is not dominant in its field of operation; and (3)
    satisfies any additional criteria established by the Small Business
    Administration (SBA).[^348]

96. The purpose of this *Report and Order and Further Notice of Proposed
    Rule Making* is to streamline and update our Part 87 Rules governing
    the Aviation Radio Service. We believe the rules adopted in the
    *Report and Order* do not impose any additional compliance burden on
    small entities.

97. We have identified those small entities that could conceivably be
    affected by the rule changes adopted herein. Small businesses in the
    aviation and marine radio services use a marine very high frequency
    (VHF) radio, any type of emergency position indicating radio beacon
    (EPIRB) and/or radar, a VHF aircraft radio, and/or any type of
    emergency locator transmitter (ELT). The adopted rules may also
    affect small businesses that manufacture radio equipment. However,
    we anticipate that these rule changes will not impose any new
    burdens on small entities, but in fact will reduce regulatory and
    procedural burdens on small entities. The general effect of the rule
    changes adopted herein is to streamline the rules, remove
    duplicative requirements, provide greater operational flexibility,
    promote spectrum efficiency, facilitate equipment certification, and
    make our rules consistent with international requirements, all of
    which are measures that should have an overall beneficial effect on
    the regulated entities.[^349] We certified in the *Notice of
    Proposed Rule Making* in this proceeding that the rules proposed
    therein would not, if promulgated, have a significant economic
    impact upon a substantial number of small entities, as that term is
    defined by the RFA,[^350] and no party has challenged or otherwise
    commented on that certification.

98. We therefore certify that the requirements of this *Report and
    Order* will not have a significant economic impact upon a
    substantial number of small entities, as that term is defined by the
    RFA.

99. The Commission will send a copy of this *Report and Order*,
    including a copy of this final certification, in a report to
    Congress pursuant to the Congressional Review Act.[^351] In
    addition, the *Report and Order* and this final certification will
    be sent to the Chief Counsel for Advocacy of the Small Business
    Administration, and will be published in the Federal Register.[^352]

## C. Comment Dates  {#c.-comment-dates .unnumbered}

100. Pursuant to Sections 1.415 and 1.419 of our Rules, 47 C.F.R. §§
     1.415, 1.419, interested parties may file comments on or before
     \[90 days after Federal Register publication\] and reply comments
     on or before \[120 days after Federal Register publication\].
     Comments may be filed using the Commission\'s Electronic Filing
     System (ECFS) or by filing paper copies.[^353]

101. Comments filed through the ECFS can be sent as an electronic file
     via the Internet to \<http://www.fcc.gov/e-file/ecfs.html\>.
     Generally, only one copy of an electronic submission must be filed.
     If multiple docket or rulemaking numbers appear in the caption of
     this proceeding, however, commenters must transmit one electronic
     copy of the comments to each docket or rulemaking number referenced
     in the caption. In completing the transmittal screen, commenters
     should include their full name, Postal Service mailing address, and
     the applicable docket or rulemaking number. Parties may also submit
     an electronic comment by Internet e-mail. To get filing
     instructions for e-mail comments, commenters should send an e-mail
     to ecfs@fcc.gov, and should include the following words in the body
     of the message, \"get form \<your e-mail address\>.\" A sample form
     and directions will be sent in reply. Parties who choose to file by
     paper must file an original and four copies of each filing. If more
     than one docket or rulemaking number appears in the caption of this
     proceeding, commenters must submit two additional copies for each
     additional docket or rulemaking number. All filings must be
     addressed to the Commission\'s Secretary, Marlene H. Dortch, Office
     of the Secretary, Federal Communications Commission, 445 12th St.,
     S.W., Washington, D. C. 20554. Filings can be sent first class by
     the U.S. Postal Service, by an overnight courier or hand and
     message-delivered. Hand and messenger-delivered paper filings must
     be delivered to 236 Massachusetts Avenue, N.E., Suite 110,
     Washington, D.C. 20002. The filing hours at this location are 8:00
     a.m. to 7:00 p.m. Filings delivered by overnight courier (other
     than U.S. Postal Service Express Mail and Priority Mail) must be
     sent to 9300 East Hampton Drive, Capitol Heights, MD 20743.

102. Parties who choose to file by paper should also submit their
     comments on diskette. These diskettes should be submitted to
     Jeffrey Tobias, Esq., Public Safety and Private Wireless Division,
     Wireless Telecommunications Bureau, 445 12th St., S.W., Room
     2-C828, Washington, D.C. 20554. Such a submission should be on a
     3.5-inch diskette formatted in an IBM-compatible format using
     Microsoft Word 2002 or compatible software. The diskette should be
     accompanied by a cover letter and should be submitted in "read
     only" mode. The diskette should be clearly labeled with the
     commenter\'s name, proceeding (including the lead docket number in
     this case, WT Docket No. 01-289), type of pleading (comment or
     reply comment), date of submission, and the name of the electronic
     file on the diskette. The label should also include the following
     phrase "Disk Copy - Not an Original." Each diskette should contain
     only one party\'s pleadings, preferably in a single electronic
     file. In addition, commenters should send diskette copies to the
     Commission\'s copy contractor, Qualex International, Inc., 445 12th
     Street, S.W., Room CY-B402, Washington, D.C. 20554.

## D. Paperwork Reduction Act {#d.-paperwork-reduction-act .unnumbered}

103. This *Report and Order and Further Notice of Proposed Rule Making*
     does not contain any new or modified information collection.

## E. Ordering Clauses {#e.-ordering-clauses .unnumbered}

104. Accordingly, IT IS ORDERED that, pursuant to the authority of
     Sections 4(i), 303(r), and 332(a)(2) of the Communications Act of
     1934, as amended, 47 U.S.C. §§ 154(i), 303(r), 332(a)(2), Parts 2,
     87, and 95 of the Commission's Rules ARE AMENDED as set forth in
     the attached Appendix A, effective sixty days after publication in
     the Federal Register.

105. IT IS FURTHER ORDERED that, pursuant to Sections 4(i), 303(r), and
     403 of the Communications Act of 1934, as amended, 47 U.S.C. §§
     154(i), 303(r) and 403, this *Further Notice of Proposed Rule
     Making* IS HEREBY ADOPTED, and NOTICE IS HEREBY GIVEN of the
     proposed regulatory changes described in the *Further Notice of
     Proposed of Rule Making*.

106. IT IS FURTHER ORDERED that the requests of the Federal Aviation
     Administration to file late-filed comments and late-filed reply
     comments ARE GRANTED and the late-filed comments and reply comments
     of the Federal Aviation Administration are HEREBY ACCEPTED into the
     record in this proceeding.

107. IT IS FURTHER ORDERED that the Commission\'s Consumer Information
     Bureau, Reference Information Center, SHALL SEND a copy of this
     *Report and Order and Further Notice of Proposed Rule Making*,
     including the Final Regulatory Flexibility Certification and
     Initial Regulatory Flexibility Analysis, to the Chief Counsel for
     Advocacy of the Small Business Administration.

## F. Further Information {#f.-further-information .unnumbered}

108. For further information, contact Jeffrey Tobias, jtobias@fcc.gov,
     or Ghassan Khalek, gkhalek@fcc.gov, Policy and Rules Branch, Public
     Safety and Private Wireless Division, Wireless Telecommunications
     Bureau, (202) 418-0680, or TTY (202) 418-7233.

109. Alternative formats (computer diskette, large print, audiocassette
     and Braille) are available to persons with disabilities by
     contacting Brian Millin at (202) 418-7426, TTY (202) 418-7365, or
     at bmillin@fcc.gov. This *Report and Order and Further Notice of
     Proposed Rule Making* can also be downloaded at:
     http://www.fcc.gov/dtf/.

FEDERAL COMMUNICATIONS COMMISSION

Marlene H. Dortch

Secretary

**APPENDIX A: FINAL RULES**

Parts 2, 87 and 95 of title 47 of the Code of Federal Regulations are
amended as follows:

**PART 2 \-- FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS;\
GENERAL RULES AND REGULATIONS**

1\. The authority citation for part 2 continues to read as follows:

AUTHORITY: 47 U.S.C. 154, 302a, 303, and 336, unless otherwise noted.

2\. Section 2.106, the Table of Frequency Allocations, is amended as
follows:

a\. Revise pages 26 and 44.

b\. In the list of International Footnotes under heading I., add
footnotes 5.197A and 5.328B.

c\. In the list of United States (US) Footnotes, revise footnote US31
and add footnote US343.

**[§ 2.106 Table of Frequency Allocations.]{.underline}**

The revisions and additions read as follows:

\* \* \* \* \*

+-----------+-----------+-----------+-----------+-----------+---------+
| 5.175     | 75.4-76   | 75.4-87   | 75.4-88   | 75.4-76   | Public  |
| 5.179     |           |           |           |           | Mobile  |
| 5.184     | FIXED     | FIXED     |           | FIXED     | (22)    |
| 5.187     |           |           |           |           |         |
|           | MOBILE    | MOBILE    |           | MOBILE    | Private |
|           |           |           |           |           | Land    |
|           |           |           |           | NG3 NG49  | Mobile  |
|           |           |           |           | NG56      | (90)    |
|           |           |           |           |           |         |
|           |           |           |           |           | P       |
|           |           |           |           |           | ersonal |
|           |           |           |           |           | Radio   |
|           |           |           |           |           | (95)    |
+-----------+-----------+-----------+-----------+-----------+---------+
|           | 76-88     | 5.182     |           | 76-88     | Br      |
|           |           | 5.183     |           |           | oadcast |
|           | BRO       | 5.188     |           | BRO       | Radio   |
|           | ADCASTING |           |           | ADCASTING | (TV)    |
|           |           |           |           |           |         |
|           | Fixed     |           |           |           | \(73\)  |
|           |           |           |           |           |         |
|           | Mobile    |           |           |           | Au      |
|           |           |           |           |           | xiliary |
|           |           |           |           |           | Broad   |
|           |           |           |           |           | casting |
|           |           |           |           |           |         |
|           |           |           |           |           | \(74\)  |
+-----------+-----------+-----------+-----------+-----------+---------+
|           |           | 87-100    |           |           |         |
|           |           |           |           |           |         |
|           |           | FIXED     |           |           |         |
|           |           |           |           |           |         |
|           |           | MOBILE    |           |           |         |
|           |           |           |           |           |         |
|           |           | BRO       |           |           |         |
|           |           | ADCASTING |           |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+
| 87.5-100  | 5.185     |           |           | NG128     |         |
|           |           |           |           | NG129     |         |
| BRO       |           |           |           | NG149     |         |
| ADCASTING |           |           |           |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+
| 5.190     | 88-100    |           | 88-108    | 88-108    | Br      |
|           |           |           |           |           | oadcast |
|           | BRO       |           |           | BRO       | Radio   |
|           | ADCASTING |           |           | ADCASTING | (FM)    |
|           |           |           |           |           |         |
|           |           |           |           |           | \(73\)  |
|           |           |           |           |           |         |
|           |           |           |           |           | Au      |
|           |           |           |           |           | xiliary |
|           |           |           |           |           | Broad   |
|           |           |           |           |           | casting |
|           |           |           |           |           |         |
|           |           |           |           |           | \(74\)  |
+-----------+-----------+-----------+-----------+-----------+---------+
| 100-108   |           |           | US93      | US93 NG2  |         |
|           |           |           |           | NG128     |         |
| BRO       |           |           |           | NG129     |         |
| ADCASTING |           |           |           |           |         |
|           |           |           |           |           |         |
| 5.192     |           |           |           |           |         |
| 5.194     |           |           |           |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+
| 10        |           |           | 10        |           | A       |
| 8-117.975 |           |           | 8-117.975 |           | viation |
|           |           |           |           |           | (87)    |
| AER       |           |           | AER       |           |         |
| ONAUTICAL |           |           | ONAUTICAL |           |         |
| RADION    |           |           | RADION    |           |         |
| AVIGATION |           |           | AVIGATION |           |         |
|           |           |           |           |           |         |
| 5.197     |           |           | US93      |           |         |
| 5.197A    |           |           | US343     |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+
| 11        |           |           | 117.975   |           |         |
| 7.975-137 |           |           | -121.9375 |           |         |
|           |           |           |           |           |         |
| AER       |           |           | AER       |           |         |
| ONAUTICAL |           |           | ONAUTICAL |           |         |
| MOBILE    |           |           | MOBILE    |           |         |
| (R)       |           |           | (R)       |           |         |
|           |           |           |           |           |         |
|           |           |           | 5.111     |           |         |
|           |           |           | 5.198     |           |         |
|           |           |           | 5.199     |           |         |
|           |           |           | 5.200     |           |         |
|           |           |           | US26 US28 |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+
|           |           |           | 121.9375  | 121.9375  |         |
|           |           |           | -123.0875 | -123.0875 |         |
|           |           |           |           |           |         |
|           |           |           | 5.198     | AER       |         |
|           |           |           | US30 US31 | ONAUTICAL |         |
|           |           |           | US33 US80 | MOBILE    |         |
|           |           |           | US102     |           |         |
|           |           |           | US213     | 5.198     |         |
|           |           |           |           | US30 US31 |         |
|           |           |           |           | US33 US80 |         |
|           |           |           |           | US102     |         |
|           |           |           |           | US213     |         |
+-----------+-----------+-----------+-----------+-----------+---------+
|           |           |           | 123.0875  |           |         |
|           |           |           | -123.5875 |           |         |
|           |           |           |           |           |         |
|           |           |           | AER       |           |         |
|           |           |           | ONAUTICAL |           |         |
|           |           |           | MOBILE    |           |         |
|           |           |           |           |           |         |
|           |           |           | 5.198     |           |         |
|           |           |           | 5.200     |           |         |
|           |           |           | US32 US33 |           |         |
|           |           |           | US112     |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+
| 5.111     |           |           | See next  |           | See     |
| 5.198     |           |           | page for  |           | next    |
| 5.199     |           |           | 123       |           | page    |
| 5.200     |           |           | .5875-137 |           | for     |
| 5.201     |           |           | MHz       |           |         |
| 5.202     |           |           |           |           | 123.5   |
| 5.203     |           |           |           |           | 875-137 |
| 5.203A    |           |           |           |           | MHz     |
| 5.203B    |           |           |           |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+

Page 26

+-----------+-----------+-----------+-----------------------+---------+
| 1525-1530 | 1525-1530 | 1525-1530 | 1525-1535             | Sa      |
|           |           |           |                       | tellite |
| SPACE     | SPACE     | SPACE     | MOBILE-SATELLITE      |         |
| OPERATION | OPERATION | OPERATION | (space-to-Earth)      | Communi |
|           |           |           | US315 US380           | cations |
| (space-   | (space-   | (space-   |                       | (25)    |
| to-Earth) | to-Earth) | to-Earth) |                       |         |
|           |           |           |                       | M       |
| FIXED     | MOBILE-   | FIXED     |                       | aritime |
|           | SATELLITE |           |                       | (80)    |
| MOBILE-   |           | MOBILE-   |                       |         |
| SATELLITE | (space-   | SATELLITE |                       |         |
|           | to-Earth) |           |                       |         |
| (space-   | 5.351A    | (space-   |                       |         |
| to-Earth) |           | to-Earth) |                       |         |
| 5.351A    | Earth     | 5.351A    |                       |         |
|           | exp       |           |                       |         |
| Earth     | loration- | Earth     |                       |         |
| exp       | satellite | exp       |                       |         |
| loration- |           | loration- |                       |         |
| satellite | Fixed     | satellite |                       |         |
|           |           |           |                       |         |
| Mobile    | Mobile    | Mobile    |                       |         |
| except    | 5.343     | 5.349     |                       |         |
| aer       |           |           |                       |         |
| onautical | 5.341     | 5.341     |                       |         |
|           | 5.351     | 5.351     |                       |         |
| mobile    | 5.354     | 5.352A    |                       |         |
| 5.349     |           | 5.354     |                       |         |
|           |           |           |                       |         |
| 5.341     |           |           |                       |         |
| 5.342     |           |           |                       |         |
| 5.350     |           |           |                       |         |
| 5.351     |           |           |                       |         |
| 5.352A    |           |           |                       |         |
| 5.354     |           |           |                       |         |
+-----------+-----------+-----------+-----------------------+---------+
| 1530-1535 | 1530-1535 |           | 5.341 5.351           |         |
|           |           |           |                       |         |
| SPACE     | SPACE     |           |                       |         |
| OPERATION | OPERATION |           |                       |         |
|           | (space-   |           |                       |         |
| (space-   | to-Earth) |           |                       |         |
| to-Earth) |           |           |                       |         |
|           | MOBILE-   |           |                       |         |
| MOBILE-   | SATELLITE |           |                       |         |
| SATELLITE | (space-   |           |                       |         |
| (space-   | to-Earth) |           |                       |         |
|           | 5.351A    |           |                       |         |
| to-Earth) | 5.353A    |           |                       |         |
| 5.351A    |           |           |                       |         |
| 5.353A    | Earth     |           |                       |         |
|           | exp       |           |                       |         |
| Earth     | loration- |           |                       |         |
| exp       | satellite |           |                       |         |
| loration- |           |           |                       |         |
| satellite | Fixed     |           |                       |         |
|           |           |           |                       |         |
| Fixed     | Mobile    |           |                       |         |
|           | 5.343     |           |                       |         |
| Mobile    |           |           |                       |         |
| except    | 5.341     |           |                       |         |
| aer       | 5.351     |           |                       |         |
| onautical | 5.354     |           |                       |         |
|           |           |           |                       |         |
| mobile    |           |           |                       |         |
|           |           |           |                       |         |
| 5.341     |           |           |                       |         |
| 5.342     |           |           |                       |         |
| 5.351     |           |           |                       |         |
| 5.354     |           |           |                       |         |
+-----------+-----------+-----------+-----------------------+---------+
| 1535-1559 |           |           | 1535-1559             | Sa      |
|           |           |           |                       | tellite |
| MOBILE-   |           |           | MOBILE-SATELLITE      |         |
| SATELLITE |           |           | (space-to-Earth)      | Communi |
| (space-   |           |           | US308 US309           | cations |
| to-Earth) |           |           |                       | (25)    |
| 5.351A    |           |           | US315 US380           |         |
|           |           |           |                       | M       |
| 5.341     |           |           | 5.341 5.351 5.356     | aritime |
| 5.351     |           |           |                       | (80)    |
| 5.353A    |           |           |                       |         |
| 5.354     |           |           |                       | A       |
| 5.355     |           |           |                       | viation |
| 5.356     |           |           |                       | (87)    |
| 5.357     |           |           |                       |         |
| 5.357A    |           |           |                       |         |
| 5.359     |           |           |                       |         |
| 5.362A    |           |           |                       |         |
+-----------+-----------+-----------+-----------------------+---------+
| 1559-1610 |           |           | 1559-1610             | A       |
|           |           |           |                       | viation |
| AER       |           |           | AERONAUTICAL          | (87)    |
| ONAUTICAL |           |           | RADIONAVIGATION       |         |
| RADION    |           |           |                       |         |
| AVIGATION |           |           | RADI                  |         |
|           |           |           | ONAVIGATION-SATELLITE |         |
| RADIONA   |           |           | (space-to-Earth)      |         |
| VIGATION- |           |           |                       |         |
| SATELLITE |           |           | (space-to-space)      |         |
| (space-   |           |           |                       |         |
| to-Earth) |           |           | 5.341 US208 US260     |         |
| (space-   |           |           | US343                 |         |
| to-space) |           |           |                       |         |
| 5.328B    |           |           |                       |         |
| 5.329A    |           |           |                       |         |
|           |           |           |                       |         |
| 5.341     |           |           |                       |         |
| 5.362B    |           |           |                       |         |
| 5.362C    |           |           |                       |         |
| 5.363     |           |           |                       |         |
+-----------+-----------+-----------+-----------------------+---------+

Page 44

\* \* \* \* \*

INTERNATIONAL FOOTNOTES

\* \* \* \* \*

5.197A The band 108-117.975 MHz may also be used by the aeronautical
mobile (R) service on a primary basis, limited to systems that transmit
navigational information in support of air navigation and surveillance
functions in accordance with recognized international aviation
standards. Such use shall be in accordance with Resolution 413 (WRC--03)
and shall not cause harmful interference to nor claim protection from
stations operating in the aeronautical radionavigation service which
operate in accordance with international aeronautical standards.

\* \* \* \* \*

5.328B The use of the bands 1164-1300 MHz, 1559-1610 MHz and 5010-5030
MHz by systems and networks in the radionavigation-satellite service for
which complete coordination or notification information, as appropriate,
is received by the Radiocommunication Bureau after 1 January 2005 is
subject to the application of the provisions of Nos. 9.12, 9.12A and
9.13. Resolution 610 (WRC--03) shall also apply.

\* \* \* \* \*

UNITED STATES (US) FOOTNOTES

\* \* \* \* \*

US31 The frequencies 122.700, 122.725, 122.750, 122.800, 122.950,
122.975, 123.000, 123.050 and 123.075 MHz may be assigned to
aeronautical advisory stations. In addition, at landing areas having a
part-time or no airdrome control tower or FAA flight service station,
these frequencies may be assigned on a secondary non-interference basis
to aeronautical utility mobile stations, and may be used by FAA ground
vehicles for safety related communications during inspections conducted
at such landing areas.

The frequencies 122.850, 122.900 and 122.925 MHz may be assigned to
aeronautical multicom stations. In addition, 122.850 MHz may be assigned
on a secondary noninterference basis to aeronautical utility mobile
stations. In case of 122.925 MHz, US213 applies.

Air carrier aircraft stations may use 122.000 and 122.050 MHz for
communication with aeronautical stations of the Federal Aviation
Administration and 122.700, 122.800, 122.900 and 123.000 MHz for
communications with aeronautical stations pertaining to safety of flight
with and in the vicinity of landing areas not served by a control tower.

Frequencies in the band 121.9375-122.6875 MHz may be used by
aeronautical stations of the Federal Aviation Administration for
communication with aircraft stations.

\* \* \* \* \*

US343 Differential-Global-Positioning-System (DGPS) Stations, limited to
ground-based transmitters, may be authorized on a primary basis in the
bands 108-117.975 and 1559-1610 MHz for the specific purpose of
transmitting DGPS information intended for aircraft navigation. Such use
shall be in accordance with ITU Resolution 413 (WRC-03).

**PART 87---AVIATION SERVICES**

1.  The authority citation for Part 87 continues to read as follows:

**AUTHORITY: 48 Stat. 1066, 1082, as amended; 47 U.S.C. 154, 303, 307(e)
unless otherwise noted. Interpret or apply 48 Stat. 1064-1068,
1081-1105, as amended; 47 U.S.C. 151-156, 301-609.**

2.  Section 87.5 is amended by removing the entry and definition for
    Civil Air Patrol Station and by adding, at the appropriate positions
    in alphabetical order, entries and definitions for Automatic
    Terminal Information Service-Broadcast (ATIS-B), Differential GPS
    (DGPS), and Flight Information Service-Broadcast (FIS-B), to read as
    follows:

**§ 87.5 Definitions.**

> \* \* \* \* \*

*Airport control* tower *(control tower) station.* An aeronautical
station providing communication between a control tower and aircraft.

*Automatic terminal information service-broadcast (ATIS-B)*. The
automatic provision of current, routine information to arriving and
departing aircraft throughout a 24-hour period or a specified portion
thereof.

*Automatic weather observation station (AWOS) or automatic surface
observation station (ASOS)*. A land station located at an airport and
used to automatically transmit weather information to aircraft.

\* \* \* \* \*

*Aviation support station.* An aeronautical station used to coordinate
aviation services with aircraft and to communicate with aircraft engaged
in unique or specialized activities. (See Subpart K.)

*Differential GPS (DGPS*). A system which transmits corrections to the
GPS derived position.

*Emergency locator transmitter (ELT) test station.* A land station used
for testing ELTs or for training in the use of ELTs.

\* \* \* \* \*

*Expendable launch vehicle (ELV)*. A booster rocket that can be used
only once to launch a payload, such as a missile or space vehicle.

*Flight Information Service-Broadcast (FIS-B)*. A broadcast service
provided for the purpose of giving advice and information useful for the
safe and efficient conduct of flights.

*Flight test aircraft station.* An aircraft station used in the testing
of aircraft or their major components.

\* \* \* \* \*

3.  Section 87.25 is amended by removing paragraph (f).

4.  Section 87.27 is amended by removing paragraph (b), redesignating
    paragraph (c) as (b), and revising paragraph (a) to read as follows:

**§ 87.27 License term.**

\(a\) Licenses for stations in the aviation services will normally be
issued for a term of ten years from the date of original issuance, or
*renewal*.

\* \* \* \* \*

5.  Section 87.45 is amended to read as follows:

**§ 87.45 Time in which station is placed in operation.**

This section applies only to unicom stations and radionavigation land
stations, excluding radionavigation land test stations. When a new
license has been issued or additional operating frequencies have been
authorized, the station *or* frequencies must be placed in operation no
later than one year from the date of the grant. The licensee must notify
the Commission in accordance with § 1.946 of this chapter that the
station or frequencies have been placed in operation.

6.  Section 87.109 is amended to read as follows:

**§ 87.109 Station Logs.**

\(a\) A station at a fixed location in the international aeronautical
mobile service must maintain a log in accordance with Annex 10 of the
ICAO Convention.

\(b\) A station log must contain the following information:

(1) The name of the agency operating the station.

(2) The identification of the station.

(3) The date.

(4) The time of opening and closing the station.

(5) The frequencies being guarded and the type of watch (continuous or
    scheduled) being maintained on each frequency.

(6) Except at intermediate mechanical relay stations where the
    provisions of this paragraph need not be complied with, a record of
    each communication showing text of communication, time
    communications completed, station(s) communicated with, and
    frequency used.

(7) All distress communications and action thereon.

(8) A brief description of communications conditions and difficulties,
    including harmful interference. Such entries should include,
    whenever practicable, the time at which interference was
    experienced, the character, radio frequency and identification of
    the interfering signal.

(9) A brief description of interruption to communications due to
    equipment failure or other troubles, giving the duration of the
    interruption and action taken.

(10) Such additional information as may be considered by the operator to
     be of value as part of the record of the stations operations.

\(c\) Stations maintaining written logs must also enter the signature of
each operator, with the time the operator assumes and relinquishes a
watch.

7.  Section 87.111 is amended to read as follows:

**§ 87.111 Suspension or discontinuance of operation.**

The licensee of any airport control tower station or radionavigation
land station must notify the nearest FAA regional office upon the
temporary suspension or permanent discontinuance of the station. The FAA
regional office must be notified again *when* service resumes.

8.  Section 87.131 is amended by revising the table and footnote 8 to
    read as follows:

**§ 87.131 Power and emissions.**

\* \* \*

  ------------------------ -------------------- ------------------------- ---------------
  Class of station         Frequency            Authorized emission(s)^9^ Maximum
                           band/frequency                                 power^1^

  \* \* \*                 \* \* \*             \* \* \*                  \* \* \*

  Aeronautical enroute and HF............\...   R3E, H3E, J3E, J7B, H2B,  6 kW.
  aeronautical fixed.                           J2D                       

                           VHF.........\....    A3E, A9Wm G1D, A2D        

  \* \* \*                 \* \* \*             \* \* \*                  \* \* \*

  Aircraft                 UHF............      F2D, F9D, F7D             25 watts.
  (Communication).......                                                  

                           VHF............      A3E, A9W, G1D, G7D, A2D   55 watts.

                           HF............\...   R3E, H3E, J3E, J7B, H2B,  400 watts.
                                                J7D, J9W                  

                           HF............\...   A1A, F1B, J2A, J2B        100 watts.

  \* \* \*                 \* \* \*             \* \* \*                  \* \* \*

  Aircraft                 UHF..........        G1D, G1E, G1W             60 watts. ^8^
  earth............                                                       

  \* \* \* \* \*           \* \* \* \* \*       \* \* \* \* \*            \* \* \*
  ------------------------ -------------------- ------------------------- ---------------

^1^ The power is measured at the transmitter output terminals and the
type of power is determined according to the emission designator as
follows:

\(i\) Mean power (pY) for amplitude modulated emissions and transmitting
both sidebands using unmodulated full carrier.

\(ii\) Peak envelope power (pX) for all emission designators other than
those referred to in paragraph (i) of this note.

\* \* \*

^8^ Power may not exceed 60 watts per carrier, as measured at the input
of the antenna subsystem, including any installed diplexer. The maximum
EIRP may not exceed 2000 watts per carrier.

^9^ Excludes automatic link establishment.

\* \* \*

9.  Section 87.133 is amended by revising paragraph (c) to read as
    follows:

**§ 87.133 Frequency stability.**

\* \* \* \* \*

\(c\) For single*-*sideband transmitters, the tolerance is:

\(1\) All aeronautical stations on
land...................................10 Hz

\(2\) All aircraft
stations................................................\...20 Hz

\* \* \* \* \*

10. Section 87.137 is revised by amending the table in paragraph (a) to
    read as follows:

**§ 87.137 Types of emission.**

(a)\* \* \*

+--------------------------+------------+---------+--------+----------+
| Class of emission        | Emission   | Aut     |        |          |
|                          | designator | horized |        |          |
|                          |            | ba      |        |          |
|                          |            | ndwidth |        |          |
|                          |            | (kil    |        |          |
|                          |            | ohertz) |        |          |
+--------------------------+------------+---------+--------+----------+
|                          |            | Below   | Above  | F        |
|                          |            | 50 MHz  | 50 MHz | requency |
|                          |            |         |        | d        |
|                          |            |         |        | eviation |
+--------------------------+------------+---------+--------+----------+
| \* \* \*                 | \* \* \*   | \* \*   | \* \*  | \* \* \* |
|                          |            | \*      | \*     |          |
+--------------------------+------------+---------+--------+----------+
| A3E^2^                   | 6K00A3E    |         | ^3^50  |          |
+--------------------------+------------+---------+--------+----------+
| A3E                      | 5K6A3E     |         | ^(17)^ |          |
|                          |            |         |        |          |
|                          |            |         | 8      |          |
|                          |            |         | .33kHz |          |
+--------------------------+------------+---------+--------+----------+
| \* \* \*                 | \* \* \*   | \* \*   | \* \*  | \* \* \* |
|                          |            | \*      | \*     |          |
+--------------------------+------------+---------+--------+----------+
| F9D                      | 5M0F9D     |         | ^(9)^  |          |
+--------------------------+------------+---------+--------+----------+
| G1D                      | 16K0G1D    |         | 20kHz  |          |
+--------------------------+------------+---------+--------+----------+
| \* \* \*                 | \* \* \*   | \* \*   | \* \*  | \* \* \* |
|                          |            | \*      | \*     |          |
+--------------------------+------------+---------+--------+----------+
| G1E^16^                  | 21K0G1E    |         | 25     |          |
+--------------------------+------------+---------+--------+----------+
| G1W^16^                  | 21K0G1W    |         | 25     |          |
+--------------------------+------------+---------+--------+----------+
| \* \* \* \* \*           | \* \* \*   | \* \*   | \* \*  | \* \* \* |
|                          | \* \*      | \* \*   | \* \*  | \* \*    |
|                          |            | \*      | \*     |          |
+--------------------------+------------+---------+--------+----------+

\* \* \*

^2^ For use with an authorized bandwidth of 8.0 kilohertz at radiobeacon
stations. A3E will not be authorized:

\(i\) At existing radiobeacon stations that are not authorized to use A3
and at new radiobeacon stations unless specifically recommended by the
FAA for safety purposes.

\(ii\) At existing radiobeacon stations currently authorized to use A3,
subsequent to January 1, 1990, unless specifically recommended by the
FAA for safety purposes.

^3^ In the band 117.975-136 MHz, the authorized bandwidth is 25 kHz for
transmitters approved after January 1, 1974.

\* \* \*

^9^ To be specified on license.

\* \* \*

^16^ Authorized for use by aircraft earth stations. Lower values of
necessary and authorized bandwidth are permitted.

^17^ In the band 117.975-137 MHz, the Commission will not authorize any
8.33 kHz channel spaced transmissions or the use of their associated
emission designator within the U.S. National Airspace System, except by
avionics equipment manufacturers, and Flight Test Stations, which are
required to perform installation and checkout of such radio systems
prior to delivery to their customers for use outside U.S. controlled
airspace. For transmitters certificated to tune to 8.33 kHz channel
spacing as well as 25 kHz channel spacing, the authorized bandwidth is
8.33 kHz when tuned to an 8.33 kHz channel.

\* \* \* \* \*

11. Section 87.139 is amended by removing paragraph (i)(2),
    redesignating paragraphs (i)(3) and (i)(4) as paragraphs (i)(2) and
    (i)(3), and revising paragraphs (h)(2), (i)(1), and (i)(3) to read
    as follows:

**§ 87.139 Emission limitations.**

\* \* \* \* \*

\(h\) \* \* \* \* \*

\(2\) When the frequency is removed from the assigned frequency by more
than 100 percent of the authorized bandwidth the attenuation must be at
least 30 dB.

\(i\) \* \* \* \* \*

\(1\) At rated output power, while transmitting a modulated single
carrier, the composite spurious and noise output shall be attenuated by
at least:

  ------------------ ----------------------------------------------------
  Frequency (MHz)    Attenuation (dB)^1^

  0.01 to 1525       -135 dB/4 kHz

  1525 to 1559       -203 dB/4 kHz

  1559 to 1585       -155 dB/MHz

  1585 to 1605       -143 dB/MHz

  1605 to 1610       -117 dB/MHz

  1610 to 1610.6     -95 dB/MHz

  1610.6 to 1613.8   -80 dBW/MHz^3^

  1613.8 to 1614     -95 dB/MHz

  1614 to 1626.5     -70 dB/4 kHz

  1626.5 to 1660     -70 dB/4 kHz^2,\ 3,\ 4^

  1660 to 1670       -49.5 dBW/20 kHz^2,\ 3,\ 4^

  1670 to 1735       -60 dB/4 kHz

  1735 to 12000      -105 dB/4 kHz

  12000 to 18000     -70 dB/4 kHz
  ------------------ ----------------------------------------------------

^1^ These values are expressed in dB referenced to the carrier for the
bandwidth indicated, and relative to the maximum emission envelope
level, except where the attenuation is shown in dBW, the attenuation is
expressed in terms of absolute power referenced to the bandwidth
indicated.

^2^ Attenuation measured within the transmit band excludes the band ± 35
kHz of the carrier frequency.

^3^ This level is not applicable for intermodulation products.

^4^ The upper limit for the excess power for any narrow-band spurious
emission (excluding intermodulation products within a 30 kHz measurement
bandwidth) shall be 10 dB above the power limit in this table.

\* \* \* \* \*

\(3\) \* \* \*

  ----------------------------------------- -----------------------------
  Frequency Offset (normalized to SR)       Attenuation (dB)

  +/-0.75 x SR                              0

  +/-1.40 x SR                              20

  +/-2.95 x SR                              40
  ----------------------------------------- -----------------------------

Where: SR = Symbol Rate

SR = 1 x channel rate for BPSK

SR= 0.5 x channel rate for QPSK

\* \* \* \* \*

12. Section 87.145 is amended by removing paragraph (c)(1) and
    redesignating paragraphs (c)(2) through (c)(5) as paragraphs (c)(1)
    through (c)(4).

13. Section 87.147 is amended by adding paragraph (f) and revising
    paragraphs (d), (d)(1), and (e) to read as follows:

**§ 87.147 Authorization of equipment.**

\* \* \* \* \*

\(d\) An applicant for certification of equipment intended for
transmission in any of the frequency bands listed in paragraph (d)(3) of
this section must notify the FAA of the filing of a certification
application. The letter of notification must be mailed to: FAA, Office
of Spectrum Policy and Management, ASR-1, 800 Independence Ave., S.W.,
Washington, D.C. 20591 prior to the filing of the application with the
Commission.

\* \* \* \* \*

\(2\) The certification application must include a copy of the
notification letter to the FAA. The Commission will not act until it
receives the FAA's determination regarding whether it objects to the
application for equipment authorization. The FAA should mail its
determination to: Office of Engineering and Technology Laboratory,
Authorization and Evaluation Division, 7435 Oakland Mills Rd., Columbia,
MD 21046. The Commission will consider the FAA determination before
taking final action on the application.

\(3\) The frequency bands are as follows:

> 90-110 kHz
>
> 190-285 kHz
>
> 325-435 kHz
>
> 74.800 MHz to 75.200 MHz
>
> 108.000 MHz to 137.000 MHz
>
> 328.600 MHz to 335.400 MHz
>
> 960.000 MHz to 1215.000 MHz
>
> 1545.000 MHz to 1626.500 MHz
>
> 1646.500 MHz to 1660.500 MHz
>
> 5000.000 MHz to 5250.000 MHz
>
> 14.000 GHz to 14.400 GHz
>
> 15.400 GHz to 15.700 GHz
>
> 24.250 GHz to 25.250 GHz
>
> 31.800 GHz to 33.400 GHz

\(e\) Verification reports for ELTs capable of operating on the
frequency 406.0-406.1 MHz must include sufficient documentation to show
that the ELT meets the requirements of Section 87.199(a) of this Part. A
letter notifying the FAA of the ELT verification must be mailed to: FAA,
Office of Spectrum Policy and Management, ASR-1, 800 Independence Avenue
SW., Washington, DC 20591

\(f\) Certification may be requested for equipment that has the
capability to transmit in the 138-144 MHz, 148-149.9 MHz, or 150.5-150.8
MHz bands as well as frequency bands set forth in Section 87.173 of this
part. The Commission will only certify this equipment for use in the
bands regulated by this part.

14. Section 87.151 is added to read as follows:

**§ 87.151 Special requirements for differential GPS receivers.**

\(a\) The receiver shall achieve a message failure rate less than or
equal to one failed message per 1000 full-length (222 bytes) application
data messages, while operating over a range from -87 dBm to -1 dBm,
provided that the variation in the average received signal power between
successive bursts in a given time slot shall not exceed 40 dB. Failed
messages include those lost by the VHF data receiver system or which do
not pass the cyclic redundancy check (CRC) after application of the
forward error correction (FEC).

\(b\) The aircraft receiving antenna can be horizontally or vertically
polarized. Due to the difference in the signal strength of horizontally
and vertically polarized components of the broadcast signal, the total
aircraft implementation loss is limited to 15 dB for horizontally
polarized receiving antennas and 11 dB for vertically polarized
receiving antennas.

\(c\) [Desensitization]{.underline}. The receiver shall meet the
requirements specified in paragraph (a) of this section in the presence
of VHF-FM broadcast signals in accord with following tables.

> \(1\) Maximum levels of undesired signals.

+--------------------------------+-------------------------------------+
| *Frequency ^1^*                | *Maximum level of undesired signal  |
|                                | at*                                 |
|                                |                                     |
|                                | *the receiver input (dBm)*          |
+--------------------------------+-------------------------------------+
| **50 kHz up to 88 MHz**        | -13                                 |
|                                |                                     |
| **88 MHz -- 107.900 MHz**      | \[see paragraph (c)(2)\]            |
|                                |                                     |
| **108.000 MHz -- 117.975 MHz** | excluded                            |
|                                |                                     |
| **118 MHz**                    | -44                                 |
|                                |                                     |
| **118.025 MHz**                | -41                                 |
|                                |                                     |
| **118.050 MHz up to 1660.5     | -13                                 |
| MHz**                          |                                     |
+--------------------------------+-------------------------------------+

> \(2\) Desensitization frequency and power requirements for the
> frequencies 108.025 MHz to 111.975 MHz.

+---------------------------+------------------------------------------+
| *Frequency ^1^*           | *Maximum level of undesired signal at*   |
|                           |                                          |
|                           | *the receiver input (dBm)*               |
+---------------------------+------------------------------------------+
| **88 MHz [\<]{.underline} | 15                                       |
| f [\<]{.underline} 102    |                                          |
| MHz**                     | 10                                       |
|                           |                                          |
| **104 MHz**               | 5                                        |
|                           |                                          |
| **106 MHz**               | -10                                      |
|                           |                                          |
| **107.9 MHz**             |                                          |
+---------------------------+------------------------------------------+

> \(3\) Desensitization frequency and power requirements for the
> frequencies 112.00 MHz to 117.975 MHz.

+---------------------------+------------------------------------------+
| *Frequency ^1^*           | *Maximum level of undesired signal at*   |
|                           |                                          |
|                           | *the receiver input (dBm)*               |
+---------------------------+------------------------------------------+
| **88 MHz [\<]{.underline} | 15                                       |
| f [\<]{.underline} 104    |                                          |
| MHz**                     | 10                                       |
|                           |                                          |
| **106 MHz**               | 5                                        |
|                           |                                          |
| **107 MHz**               | 0                                        |
|                           |                                          |
| **107.9 MHz**             |                                          |
+---------------------------+------------------------------------------+

1 The relationship is linear between single adjacent points designated
by the above frequencies.

\(d\) [Intermodulation Immunity]{.underline}. The receiver shall meet
the requirements specified in paragraph (a) above in the presence of
interference from two-signal, third order intermodulation products of
two VHF-FM broadcast signals having levels in accordance with the
following:

\(1\) 2N~1~ + N~2~ + 72 [\<]{.underline} 0 for VHF-FM sound broadcasting
signals in the range 107.7--108 MHz; and

\(2\) 2N~1~ + N~2~ + 3( 24 -- 20log delta *f*/0.4) [\<]{.underline} 0
for VHF-FM sound broadcasting signals below 107.7 MHz, where the
frequencies of the two VHF-FM sound broadcasting signals produce, within
the receiver, a two signal, third-order intermodulation product on the
desired VDB frequency.

\(3\) In the formulas in paragraphs (d)(1) and (d)(2) above, N~1~ and
N~2~ are the levels (dBm) of the two VHF FM sound broadcasting signals
at the VHF data broadcast (VDB) receiver input. Neither level shall
exceed the desensitization criteria set forth in paragraph (c). Delta
*f* = 108.1 -- *f~1~*, where *f~1~* is the frequency of N~1~, the VHF FM
sound broadcasting signal closer to 108.1 MHz.

15. Section 87.169 is amended to read as follows:

**§ 87.169 Scope.**

This subpart contains class of station symbols and a frequency table
which lists assignable frequencies. Frequencies in the Aviation Services
will transmit communications for the safe, expeditious, and economic
operation of aircraft and the protection of life and property in the
air. Each class of land station may communicate in accordance with the
particular sections of this part which govern these classes. Land
stations in the Aviation Services in Alaska may transmit messages
concerning sickness, death, weather, ice conditions or other matters
relating to safety of life and property if there is no other established
means of communications between the points in question and no charge is
made for the communications service.

16. Section 87.171 is amended by adding, in alphabetical order, the
    symbols and class of station for GCO, RCO, RLD, RNV, and RPC, and by
    removing the symbol and class of station for FAP to read as follows:

**§ 87.171 Class of station symbols.**

\* \* \*

FAM -- Aeronautical multicom

FAR -- Aeronautical search and rescue

\* \* \*

FAW -- Automatic weather observation

GCO -- Ground Communication Outlet

MA -- Aircraft (Air carrier and Private)

\* \* \*

MRT -- ELT test

RCO -- Remote Communications Outlet

RL -- Radionavigation land (unspecified)

\* \* \*

RLB -- Radiobeacon

RLD -- RADAR/TEST

RLG -- Glide path

\* \* \*

RLW -- Microwave landing system

RNV -- Radio Navigation Land/DME

RPC -- Ramp Control

TJ -- Aircraft earth station in the Aeronautical Mobile-Satellite
Service

17. Section 87.173 is amended by revising the table in paragraph (b) to
    read as follows:

**§ 87.173 Frequencies.**

\* \* \* \* \*

\(b\) Frequency table:

+--------------------+------+----------+------------------------------+
| Frequency or       | Sub  | Class of | Remarks                      |
| frequency band     | part | station  |                              |
+--------------------+------+----------+------------------------------+
| 90-110 kHz         | Q    | RL       | LORAN "C".                   |
+--------------------+------+----------+------------------------------+
| 190-285 kHz        | Q    | RLB      | Radiobeacons.                |
+--------------------+------+----------+------------------------------+
| 200-285 kHz        | O    | FAC      | Air traffic control.         |
+--------------------+------+----------+------------------------------+
| 325-405 kHz        | Q    | RLB      | Radiobeacons.                |
+--------------------+------+----------+------------------------------+
| 410.0 kHz          | F    | MA       | International                |
|                    |      |          | direction-finding for use    |
|                    |      |          | outside\                     |
|                    |      |          | of United States             |
+--------------------+------+----------+------------------------------+
| 457.0 kHz          | F    | MA       | Working frequency for        |
|                    |      |          | aircraft on over-water\      |
|                    |      |          | flights.                     |
+--------------------+------+----------+------------------------------+
| 500.0 kHz          | F    | MA       | International calling and    |
|                    |      |          | distress frequency\          |
|                    |      |          | for ships and aircraft on    |
|                    |      |          | over-water flights.          |
+--------------------+------+----------+------------------------------+
| 510-535 kHz        | Q    | RLB      | Radiobeacons.                |
+--------------------+------+----------+------------------------------+
| 2182.0 kHz         | F    | MA       | International distress and   |
|                    |      |          | calling.                     |
+--------------------+------+----------+------------------------------+
| 2371.0 kHz         |      |          | \[Reserved\]                 |
+--------------------+------+----------+------------------------------+
| 2374.0 kHz         |      |          | \[Reserved\]                 |
+--------------------+------+----------+------------------------------+
| 2648.0 kHz         | I    | AX       | Alaska station.              |
+--------------------+------+----------+------------------------------+
| 2851.0 kHz         | I, J | MA, FAE, | International HF (AFI);      |
|                    |      | FAT      |                              |
|                    |      |          | Flight test.                 |
+--------------------+------+----------+------------------------------+
| 2854.0 kHz         | I    | MA, FAE  | International HF (SAT).      |
+--------------------+------+----------+------------------------------+
| 2866.0 kHz         | I    | MA, FAE  | Domestic HF (Alaska).        |
+--------------------+------+----------+------------------------------+
| 2869.0 kHz         | I    | MA, FAE  | International HF (CEP).      |
+--------------------+------+----------+------------------------------+
| 2872.0 kHz         | I    | MA, FAE  | International HF (NAT).      |
+--------------------+------+----------+------------------------------+
| 2875.0 kHz         | I    | MA, FAE  | Domestic HF.                 |
+--------------------+------+----------+------------------------------+
| 2878.0 kHz         | I    | MA1, FAE | Domestic HF; International   |
|                    |      |          | HF (AFI).                    |
+--------------------+------+----------+------------------------------+
| 2887.0 kHz         | I    | MA, FAE  | International HF (CAR).      |
+--------------------+------+----------+------------------------------+
| 2899.0 kHz         | I    | MA, FAE  | International HF (NAT).      |
+--------------------+------+----------+------------------------------+
| 2911.0 kHz         | I    | MA, FAE  | Domestic HF.                 |
+--------------------+------+----------+------------------------------+
| 2932.0 kHz         | I    | MA, FAE  | International HF (NP).       |
+--------------------+------+----------+------------------------------+
| 2935.0 kHz         | I    | MA, FAE  | International HF (NP).       |
+--------------------+------+----------+------------------------------+
| 2944.0 kHz         | I    | MA, FAE  | International HF (SAM and    |
|                    |      |          | MID).                        |
+--------------------+------+----------+------------------------------+
| 2956.0 kHz         | I    | MA, FAE  | Domestic HF.                 |
+--------------------+------+----------+------------------------------+
| 2962.0 kHz         | I    | MA, FAE  | International HF (NAT).      |
+--------------------+------+----------+------------------------------+
| 2971.0 kHz         | I    | MA, FAE  | International HF (NAT).      |
+--------------------+------+----------+------------------------------+
| 2992.0 kHz         | I    | MA, FAE  | International HF (MID).      |
+--------------------+------+----------+------------------------------+
| 2998.0 kHz         | I    | MA, FAE  | International HF (CWP).      |
+--------------------+------+----------+------------------------------+
| 3004.0 kHz         | I, J | MA, FAE, | International HF (NCA);      |
|                    |      | FAT      |                              |
|                    |      |          | Flight test.                 |
+--------------------+------+----------+------------------------------+
| 3013.0 kHz         | I    | MA, FAE  | Long distance operational    |
|                    |      |          | control                      |
+--------------------+------+----------+------------------------------+
| 3016.0 kHz         | I    | MA, FAE  | International HF (EA, NAT).  |
+--------------------+------+----------+------------------------------+
| 3019.0 kHz         | I    | MA1, FAE | Domestic HF; International   |
|                    |      |          | HF (NCA).                    |
+--------------------+------+----------+------------------------------+
| 3023.0 kHz         | F,   | MA1,     | Search and rescue            |
|                    | M, O | FAR, FAC | communications.              |
+--------------------+------+----------+------------------------------+
| 3281.0 kHz         | K    | MA, FAS  | Lighter-than-air craft and   |
|                    |      |          | aeronautical\                |
|                    |      |          | stations serving             |
|                    |      |          | lighter-than-air craft.      |
+--------------------+------+----------+------------------------------+
| 3413.0 kHz         | I    | MA, FAE  | International HF (CEP).      |
+--------------------+------+----------+------------------------------+
| 3419.0 kHz         | I    | MA, FAE  | International HF (AFI).      |
+--------------------+------+----------+------------------------------+
| 3425.0 kHz         | I    | MA, FAE  | International HF (AFI).      |
+--------------------+------+----------+------------------------------+
| 3434.0 kHz         | I    | MA1, FAE | Domestic HF.                 |
+--------------------+------+----------+------------------------------+
| 3443.0 kHz         | J    | MA, FAT  |                              |
+--------------------+------+----------+------------------------------+
| 3449.0 kHz         | I    | MA, FAE  | Domestic HF.                 |
+--------------------+------+----------+------------------------------+
| 3452.0 kHz         | I    | MA, FAE  | International HF (SAT).      |
+--------------------+------+----------+------------------------------+
| 3455.0 kHz         | I    | MA, FAE  | International HF (CAR, CWP). |
+--------------------+------+----------+------------------------------+
| 3467.0 kHz         | I    | MA, FAE  | International HF (AFI, MID,  |
|                    |      |          | SP).                         |
+--------------------+------+----------+------------------------------+
| 3470.0 kHz         | I    | MA, FAE  | Domestic HF and              |
|                    |      |          | International HF (SEA).      |
+--------------------+------+----------+------------------------------+
| 3473.0 kHz         | I    | MA, FAE  | International HF (MID).      |
+--------------------+------+----------+------------------------------+
| 3476.0 kHz         | I    | MA, FAE  | International HF (INO, NAT). |
+--------------------+------+----------+------------------------------+
| 3479.0 kHz         | I    | MA, FAE  | International HF (EUR, SAM). |
+--------------------+------+----------+------------------------------+
| 3485.0 kHz         | I    | MA, FAE  | International HF (EA, SEA).  |
+--------------------+------+----------+------------------------------+
| 3491.0 kHz         | I    | MA, FAE  | International HF (EA).       |
+--------------------+------+----------+------------------------------+
| 3494.0 kHz         | I    | MA, FAE  | Long distance operational    |
|                    |      |          | control.                     |
+--------------------+------+----------+------------------------------+
| 4125.0 kHz         | F    | MA       | Distress and safety with     |
|                    |      |          | ships and\                   |
|                    |      |          | coast stations.              |
+--------------------+------+----------+------------------------------+
| 4466.0 kHz         |      |          | \[Reserved\]                 |
+--------------------+------+----------+------------------------------+
| 4469.0 kHz         |      |          | \[Reserved\]                 |
+--------------------+------+----------+------------------------------+
| 4506.0 kHz         |      |          | \[Reserved\]                 |
+--------------------+------+----------+------------------------------+
| 4509.0 kHz         |      |          | \[Reserved\]                 |
+--------------------+------+----------+------------------------------+
| 4550.0 kHz         | I    | AX       | Gulf of Mexico.              |
+--------------------+------+----------+------------------------------+
| 4582.0 kHz         |      |          | \[Reserved\]                 |
+--------------------+------+----------+------------------------------+
| 4585.0 kHz         |      |          | \[Reserved\]                 |
+--------------------+------+----------+------------------------------+
| 4601.0 kHz         |      |          | \[Reserved\]                 |
+--------------------+------+----------+------------------------------+
| 4604.0 kHz         |      |          | \[Reserved\]                 |
+--------------------+------+----------+------------------------------+
| 4627.0 kHz         |      |          | \[Reserved\]                 |
+--------------------+------+----------+------------------------------+
| 4630.0 kHz         |      |          | \[Reserved\]                 |
+--------------------+------+----------+------------------------------+
| 4645.0 kHz         | I    | AX       | Alaska.                      |
+--------------------+------+----------+------------------------------+
| \* \* \*           |      |          |                              |
+--------------------+------+----------+------------------------------+
| 21964.0 kHz        | I    | MA, FAE  | Long distance operational    |
|                    |      |          | control.                     |
+--------------------+------+----------+------------------------------+
| 26618.5 kHz        |      |          | \[Reserved\]                 |
+--------------------+------+----------+------------------------------+
| 26620.0 kHz        |      |          | \[Reserved\]                 |
+--------------------+------+----------+------------------------------+
| 26621.5 kHz        |      |          | \[Reserved\]                 |
+--------------------+------+----------+------------------------------+
| 72.020-75.980 MHz  | P    | FA, AXO  | Operational fixed; 20 kHz    |
|                    |      |          | spacing.                     |
+--------------------+------+----------+------------------------------+
| 75.000 MHz         | Q    | RLA      | Marker beacon.               |
+--------------------+------+----------+------------------------------+
| 108.000 MHz        | Q    | RLT      |                              |
+--------------------+------+----------+------------------------------+
| 108.000-117.950    | Q    | RLO      | VHF omni-range.              |
| MHz                |      |          |                              |
+--------------------+------+----------+------------------------------+
| 108.000-117.975    | Q    | DGP      | Differential GPS.            |
| MHz                |      |          |                              |
+--------------------+------+----------+------------------------------+
| 108.050 MHz.       | Q    | RLT      |                              |
+--------------------+------+----------+------------------------------+
| 108.100-111.950    | Q    | RLL      | ILS Localizer.               |
| MHz                |      |          |                              |
+--------------------+------+----------+------------------------------+
| 108.100 MHz        | Q    | RLT      |                              |
+--------------------+------+----------+------------------------------+
| 108.150 MHz        | Q    | RLT      |                              |
+--------------------+------+----------+------------------------------+
| 118.000-121.400    | O    | MA, FAC, | 25 kHz channel spacing.      |
| MHz                |      | FAW,     |                              |
|                    |      | GCO,     |                              |
|                    |      | RCO, RPC |                              |
+--------------------+------+----------+------------------------------+
| 121.500 MHz        | G,   | MA, FAU, | Emergency and distress.      |
|                    | H,   | FAE,     |                              |
|                    | I,   | FAT,     |                              |
|                    | J,   | FAS,     |                              |
|                    | K,   | FAC,     |                              |
|                    | M, O | FAM, FAP |                              |
+--------------------+------+----------+------------------------------+
| 121.600-121.925    | I,   | MA, FAC, | 25 kHz channel spacing.      |
| MHz                | O,   | MOU,     |                              |
|                    | L, Q | RLT,     |                              |
|                    |      | GCO,     |                              |
|                    |      | RCO, RPC |                              |
+--------------------+------+----------+------------------------------+
| 121.950 MHz        | K    | FAS      |                              |
+--------------------+------+----------+------------------------------+
| 121.975 MHz        | F    | MA, FAW, | Air traffic control          |
|                    |      | FAC, MOU | operations.                  |
+--------------------+------+----------+------------------------------+
| 122.000 MHz        | F    | MA, FAC, | Air carrier and private      |
|                    |      | MOU      | aircraft enroute flight\     |
|                    |      |          | advisory service provided by |
|                    |      |          | FAA.                         |
+--------------------+------+----------+------------------------------+
| 122.025 MHz        | F    | MA, FAC, | Air traffic control          |
|                    |      | MOU      | operations.                  |
+--------------------+------+----------+------------------------------+
| 122.050 MHz        | F    | MA, FAC, | Air traffic control          |
|                    |      | MOU      | operations.                  |
+--------------------+------+----------+------------------------------+
| 122.075 MHz        | F    | MA, FAW, | Air traffic control          |
|                    |      | FAC, MOU | operations.                  |
+--------------------+------+----------+------------------------------+
| 122.100 MHz        | F, O | MA, FAC, | Air traffic control          |
|                    |      | MOU      | operations.                  |
+--------------------+------+----------+------------------------------+
| 122.125-122.675    | F    | MA, FAC, | Air traffic control          |
| MHz                |      | MOU      | operations; 25 kHz\          |
|                    |      |          | spacing.                     |
+--------------------+------+----------+------------------------------+
| 122.700 MHz        | G, L | MA, FAU, | Unicom at airports with no   |
|                    |      | MOU      | control tower;\              |
|                    |      |          | Aeronautical utility         |
|                    |      |          | stations.                    |
+--------------------+------+----------+------------------------------+
| 122.725 MHz        | G, L | MA, FAU, | Unicom at airports with no   |
|                    |      | MOU      | control tower;\              |
|                    |      |          | Aeronautical utility         |
|                    |      |          | stations.                    |
+--------------------+------+----------+------------------------------+
| 122.750 MHz        | F    | MA2      | Private fixed wing aircraft  |
|                    |      |          | air-to-air\                  |
|                    |      |          | communications.              |
+--------------------+------+----------+------------------------------+
| 122.775 MHz        | K    | MA, FAS  |                              |
+--------------------+------+----------+------------------------------+
| 122.800 MHz        | G, L | MA, FAU, | Unicom at airports with no   |
|                    |      | MOU      | control tower;\              |
|                    |      |          | Aeronautical utility         |
|                    |      |          | stations.                    |
+--------------------+------+----------+------------------------------+
| 122.825 MHz        | I    | MA, FAE  | Domestic VHF.                |
+--------------------+------+----------+------------------------------+
| 122.850 MHz        | H, K | MA, FAM, |                              |
|                    |      | FAS      |                              |
+--------------------+------+----------+------------------------------+
| 122.875 MHz        | I    | MA, FAE  | Domestic VHF.                |
+--------------------+------+----------+------------------------------+
| 122.900 MHz        | F,   | MA, FAR, |                              |
|                    | H,   | FAM, MOU |                              |
|                    | L, M |          |                              |
+--------------------+------+----------+------------------------------+
| 122.925 MHz        | H    | MA2, FAM |                              |
+--------------------+------+----------+------------------------------+
| 122.950 MHz        | G, L | MA, FAU, | Unicom at airports with no   |
|                    |      | MOU      | control tower;\              |
|                    |      |          | Aeronautical utility         |
|                    |      |          | stations.                    |
+--------------------+------+----------+------------------------------+
| 122.975 MHz        | G, L | MA, FAU, | Unicom at airports with no   |
|                    |      | MOU      | control tower;\              |
|                    |      |          | Aeronautical utility         |
|                    |      |          | stations.                    |
+--------------------+------+----------+------------------------------+
| 123.000 MHz        | G, L | MA, FAU, | Unicom at airports with no   |
|                    |      | MOU      | control tower;\              |
|                    |      |          | Aeronautical utility         |
|                    |      |          | stations.                    |
+--------------------+------+----------+------------------------------+
| 123.025 MHz        | F    | MA2      | Helicopter air-to-air        |
|                    |      |          | communications;\             |
|                    |      |          | Air traffic control          |
|                    |      |          | operations.                  |
+--------------------+------+----------+------------------------------+
| 123.050 MHz        | G, L | MA, FAU, | Unicom at airports with no   |
|                    |      | MOU      | control tower;\              |
|                    |      |          | Aeronautical utility         |
|                    |      |          | stations.                    |
+--------------------+------+----------+------------------------------+
| 123.075 MHz        | G, L | MA, FAU, | Unicom at airports with no   |
|                    |      | MOU      | control tower;\              |
|                    |      |          | Aeronautical utility         |
|                    |      |          | stations.                    |
+--------------------+------+----------+------------------------------+
| 123.100 MHz        | M, O | MA, FAC, |                              |
|                    |      | FAR      |                              |
+--------------------+------+----------+------------------------------+
| 123.125 MHz        | J    | MA, FAT  | Itinerant.                   |
+--------------------+------+----------+------------------------------+
| 123.150 MHz        | J    | MA, FAT  | Itinerant.                   |
+--------------------+------+----------+------------------------------+
| 123.175 MHz        | J    | MA, FAT  | Itinerant.                   |
+--------------------+------+----------+------------------------------+
| 123.200 MHz        | J    | MA, FAT  |                              |
+--------------------+------+----------+------------------------------+
| 123.225 MHz        | J    | MA, FAT  |                              |
+--------------------+------+----------+------------------------------+
| 123.250 MHz        | J    | MA, FAT  |                              |
+--------------------+------+----------+------------------------------+
| 123.275 MHz        | J    | MA, FAT  |                              |
+--------------------+------+----------+------------------------------+
| 123.300 MHz        | K    | MA, FAS  |                              |
+--------------------+------+----------+------------------------------+
| 123.325 MHz        | J    | MA, FAT  |                              |
+--------------------+------+----------+------------------------------+
| 123.350 MHz        | J    | MA, FAT  |                              |
+--------------------+------+----------+------------------------------+
| 123.375 MHz        | J    | MA, FAT  |                              |
+--------------------+------+----------+------------------------------+
| 123.400 MHz        | J    | MA, FAT  | Itinerant.                   |
+--------------------+------+----------+------------------------------+
| 123.425 MHz        | J    | MA, FAT  |                              |
+--------------------+------+----------+------------------------------+
| 123.450 MHz        | J    | MA, FAT  |                              |
+--------------------+------+----------+------------------------------+
| 123.475 MHz        | J    | MA, FAT  |                              |
+--------------------+------+----------+------------------------------+
| 123.500 MHz        | K    | MA, FAS  |                              |
+--------------------+------+----------+------------------------------+
| 123.525 MHz        | J    | MA, FAT  |                              |
+--------------------+------+----------+------------------------------+
| 123.550 MHz        | J    | MA, FAT  |                              |
+--------------------+------+----------+------------------------------+
| 123.575 MHz        | J    | MA, FAT  |                              |
+--------------------+------+----------+------------------------------+
| \* \* \*           |      |          |                              |
+--------------------+------+----------+------------------------------+
| 123.6-128.8 MHz    | O    | MA, FAC, | 25 kHz channel spacing.      |
|                    |      | FAW,     |                              |
|                    |      | GCO,     |                              |
|                    |      | RCO, RPC |                              |
+--------------------+------+----------+------------------------------+
| 128.825-132.000    | I    | MA, FAE  | Domestic VHF; 25 kHz channel |
| MHz                |      |          | spacing.                     |
+--------------------+------+----------+------------------------------+
| 132.025-135.975    | O    | MA, FAC, | 25 kHz channel spacing.      |
| MHz                |      | FAW,     |                              |
|                    |      | GCO,     |                              |
|                    |      | RCO, RPC |                              |
+--------------------+------+----------+------------------------------+
| 136.000-136.400    | O, S | MA, FAC, | Air traffic control          |
| MHz                |      | FAW,     | operations; 25 kHz channel\  |
|                    |      | GCO,     | spacing.                     |
|                    |      | RCO, RPC |                              |
+--------------------+------+----------+------------------------------+
| 136.425 MHz        | O, S | MA, FAC, | Air traffic control          |
|                    |      | FAW,     | operations.                  |
|                    |      | GCO,     |                              |
|                    |      | RCO, RPC |                              |
+--------------------+------+----------+------------------------------+
| 136\. 450 MHz      | O, S | MA, FAC, | Air traffic control          |
|                    |      | FAW,     | operations.                  |
|                    |      | GCO,     |                              |
|                    |      | RCO, RPC |                              |
+--------------------+------+----------+------------------------------+
| 136.475 MHz        | O, S | MA, FAC, | Air traffic control          |
|                    |      | FAW,     | operations.                  |
|                    |      | GCO,     |                              |
|                    |      | RCO, RPC |                              |
+--------------------+------+----------+------------------------------+
| 136.500-136.875    | I    | MA, FAE  | Domestic VHF; 25 kHz channel |
| MHz                |      |          | spacing.                     |
+--------------------+------+----------+------------------------------+
| 136.900 MHz        | I    | MA, FAE  | International and domestic   |
|                    |      |          | VHF.                         |
+--------------------+------+----------+------------------------------+
| 136.925 MHz        | I    | MA, FAE  | International and domestic   |
|                    |      |          | VHF.                         |
+--------------------+------+----------+------------------------------+
| 136.950 MHz        | I    | MA, FAE  | International and domestic   |
|                    |      |          | VHF.                         |
+--------------------+------+----------+------------------------------+
| 136.975 MHz        | I    | MA, FAE  | International and domestic   |
|                    |      |          | VHF.                         |
+--------------------+------+----------+------------------------------+
| 143.750 MHz        |      |          | \[Reserved\]                 |
+--------------------+------+----------+------------------------------+
| 143.900 MHz        |      |          | \[Reserved\]                 |
+--------------------+------+----------+------------------------------+
| 148.150 MHz        |      |          | \[Reserved\]                 |
+--------------------+------+----------+------------------------------+
| 156.300 MHz        | F    | MA       | For communications with ship |
|                    |      |          | stations under\              |
|                    |      |          | specific conditions.         |
+--------------------+------+----------+------------------------------+
| \* \* \*           |      |          |                              |
+--------------------+------+----------+------------------------------+
| 960-1215 MHz       | F, Q | MA, RL,  | Electronic aids to air       |
|                    |      | RNV      | navigation.                  |
+--------------------+------+----------+------------------------------+
| 978.000 MHz        | Q    | RLT      |                              |
+--------------------+------+----------+------------------------------+
| 979.000 MHz        | Q    | RLT      |                              |
+--------------------+------+----------+------------------------------+
| 1030.000 MHz       | Q    | RLT      |                              |
+--------------------+------+----------+------------------------------+
| 1104.000 MHz       | Q    | RLT      |                              |
+--------------------+------+----------+------------------------------+
| 1300-1350 MHz      | F, Q | MA, RLS  | Surveillance radars and      |
|                    |      |          | transponders.                |
+--------------------+------+----------+------------------------------+
| 1435-1535 MHz      | F, J | MA, FAT  | Aeronautical telemetry and   |
|                    |      |          | telecommand\                 |
|                    |      |          | operations.                  |
+--------------------+------+----------+------------------------------+
| 1559-1610 MHz      | Q    | DGP      | Differential GPS.            |
+--------------------+------+----------+------------------------------+
| 1559-1626.5 MHz    | F, Q | MA, RL   | Aeronautical                 |
|                    |      |          | radionavigation.             |
+--------------------+------+----------+------------------------------+
| 1646.5-1660.5 MHz  | F    | TJ       | Aeronautical                 |
|                    |      |          | Mobile-Satellite (R).        |
+--------------------+------+----------+------------------------------+
| 2310-2390 MHz      | J    | MA, FAT  | Aeronautical telemetry and   |
|                    |      |          | telecommand\                 |
|                    |      |          | operations.                  |
+--------------------+------+----------+------------------------------+
| 2700-2900 MHz      | Q    | RLS, RLD | Airport surveillance and     |
|                    |      |          | weather radar.               |
+--------------------+------+----------+------------------------------+
| 4200-4400 MHz      | F    | MA       | Radio altimeters.            |
+--------------------+------+----------+------------------------------+
| 5000-5250 MHz      | Q    | MA, RLW  | Microwave landing systems.   |
+--------------------+------+----------+------------------------------+
| 5031.000 MHz       | Q    | RLT      |                              |
+--------------------+------+----------+------------------------------+
| 5350-5470 MHz      | F    | MA       | Airborne radars and          |
|                    |      |          | associated airborne\         |
|                    |      |          | beacons.                     |
+--------------------+------+----------+------------------------------+
| 8750-8850 MHz      | F    | MA       | Airborne doppler radar.      |
+--------------------+------+----------+------------------------------+
| 9000-9200 MHz      | Q    | RLS, RLD | Land-based radar.            |
+--------------------+------+----------+------------------------------+
| 9300-9500 MHz      | F, Q | MA       | Airborne radars and          |
|                    |      |          | associated airborne\         |
|                    |      |          | beacons.                     |
+--------------------+------+----------+------------------------------+
| 13250-13400 MHz    | F    | MA       | Airborne doppler radar.      |
+--------------------+------+----------+------------------------------+
| 14000-14400 MHz    | F, Q | MA, RL   | Aeronautical                 |
|                    |      |          | radionavigation.             |
+--------------------+------+----------+------------------------------+
| 15400-15700 MHz    | Q    | RL       | Aeronautical                 |
|                    |      |          | radionavigation.             |
+--------------------+------+----------+------------------------------+
| 24750-25050 MHz    | F, Q | MA, RL   | Aeronautical                 |
|                    |      |          | radionavigation.             |
+--------------------+------+----------+------------------------------+
| 32300-33400 MHz    | F, Q | MA, RL   | Aeronautical                 |
|                    |      |          | radionavigation.             |
+--------------------+------+----------+------------------------------+

18. Section 87.187 is amended by revising paragraph (q) and adding a new
    paragraph (ee) to read as follows:

**§ 87.187 Frequencies.**

\* \* \* \* \*

(q)(1) The frequencies in the bands 1545.000-1559.000 MHz,
1610.000-1626.500 MHz, 1646.500-1660.500 MHz, and 5000.000-5150.000 MHz
are authorized for use by the Aeronautical Mobile-Satellite (R) Service.
The use of the bands 1544.000-1545.000 MHz (space-to-Earth) and
1645.500-1646.500 MHz (Earth-to-space) by the Mobile-Satellite Service
is limited to distress and safety operations. In the frequency bands
1549.500-1558.500 MHz, 1610.000-1626.500 MHz 1651.000-1660.000 MHz, and
5000.000-5150.000 MHz, the Aeronautical Mobile-Satellite (R)
requirements that cannot be accommodated in the 1545.000-1549.5000 MHz,
1558.500-1559.000 MHz, 1646.500-1651.000 MHz, and 1660.000-1660.500 MHz
bands shall have priority access with real-time preemptive capability
for communications in the Mobile-Satellite Service. Systems not
interoperable with the Aeronautical Mobile-Satellite (R) Service shall
operate on a secondary basis. Account shall be taken of the priority of
safety-related communications in the Mobile-Satellite Service.

\(2\) In the frequency bands 1549.5-1558.5 MHz, 1610-1626.5 MHz,
1651-1660 MHz and 5000-5150 MHz, the Aeronautical-Mobile-Satellite
(Route) Service requirements that cannot be accommodated in the
1545-1549.5 MHz, 1558.5-1559 MHz, 1646.5-1651 MHz and 1660-1660.5 MHz
bands shall have priority access with real-time preemptive capability
for communications in the mobile satellite service. Systems not
interoperable with the Aeronautical Mobile-Satellite (Route) Service
shall operate on a secondary basis. Account shall be taken of the
priority of safety-related communications in the mobile-satellite
service.

\* \* \* \* \*

(ee) The frequency 121.95 MHz is authorized for air-to-ground and
air-to-air communications for aircraft up to 13000 feet above mean sea
level (AMSL) within the area bounded by the following coordinates (all
coordinates are referenced to North American Datum 1983 (NAD83)):

32-35-00 N. Lat.; 117-12-00 W. Long.

32-42-00 N. Lat.; 116-56-00 W. Long.

32-41-00 N. Lat.; 116-41-00 W. Long.

32-35-00 N. Lat.; 116-38-00 W. Long.

32-31-00 N. Lat.; 117-11-00 W. Long.

19. Section 87.189 is amended by revising paragraph (c) to read as
    follows:

**§ 87.189 Requirements for public correspondence equipment and
operations.**

\* \* \* \* \*

\(c\) A continuous watch must be maintained on the frequencies used for
safety and regularity of flight while public correspondence
communications are being handled. For aircraft earth stations, this
requirement is satisfied by compliance with the priority and preemptive
access requirements of § 87.187(q).

\* \* \* \* \*

20. Section 87.215 is amended by redesignating paragraphs (c) and (d) as
    paragraphs (f) and (g), respectively, and by adding new paragraphs
    (c), (d), and (e) to read as follows:

**§ 87.215 Supplemental Eligibility.**

\* \* \* \* \*

\(c\) At an airport where only one unicom may be licensed, eligibility
for new unicom licenses is restricted to State or local government
entities, and to nongovernmental organizations (NGOs) that are
authorized to apply for the license by a State or local government
entity whose primary mission is the provision of public safety services.
All applications submitted by NGOs must be accompanied by a new, written
certification of support (for the NGO applicant to operate the applied
for station) by the state or local government entity. Applications for a
unicom license at the same airport, where only one unicom may be
licensed, that are filed by two or more applicants meeting these
eligibility criteria must be resolved through settlement or technical
amendment.

\(d\) At an airport where only one unicom may be licensed, the license
may be assigned or transferred only to an entity meeting the
requirements of paragraph (c) of this section.

\(e\) An applicant for renewal of a unicom license shall be granted a
presumptive renewal expectancy regardless of whether the applicant is
eligible for a new unicom license under paragraph (c) of this section.
Unless the renewal expectancy is defeated, applications that are
mutually exclusive with the renewal application will not be accepted.
The renewal expectancy may be defeated only upon a determination,
following a hearing duly designated on the basis of a petition to deny
or on the Commission's own motion, that the renewal applicant has not
provided substantial service. For purposes of this paragraph,
substantial service means service which is sound, favorable, and
substantially above a level of mediocre service during the applicant's
past license term. If the renewal expectancy is defeated, the renewal
application will be dismissed unless the renewal applicant is eligible
for a new unicom license pursuant to paragraph (c) of this section.

\* \* \* \* \*

21. Section 87.217 is amended by revising paragraph (a) to read as
    follows:

**§ 87.217 Frequencies.**

\(a\) Only one unicom frequency will be assigned at any one airport.
Applicants must request a particular frequency, which will be taken into
consideration when the assignment is made. The frequencies assignable to
unicoms are:

\* \* \* \* \*

22. Section 87.421 is amended by revising paragraph (c) to read as
    follows:

**§ 87.421 Frequencies.**

\* \* \* \* \*

\(c\) Frequencies in the band 121.600-121.925 MHz are available to
control towers and RCOs for general air traffic control communications.
The antenna heights shall be restricted to the minimum necessary to
achieve the required coverage. Channel spacing is 25 kHz.

\* \* \* \* \*

21693. Section 87.475 is amended by revising paragraphs (b)(2) and
       (c)(2) to read as follows:

**§ 87.475 Frequencies.**

\* \* \* \* \*

\(b\) \* \* \* \* \*

\(2\) Radiobeacon stations enable an aircraft station to determine
bearing or direction in relation to the radiobeacon station.
Radiobeacons operate in the bands 190-285 kHz; 325-435 kHz; 510-525 kHz;
and 525-535 kHz. Radiobeacons may be authorized, primarily for off-shore
use, in the band 525-535 kHz on a non-interference basis to travelers
information stations.

\* \* \* \* \*

\(c\) \* \* \* \* \*

\(2\) The frequencies available for assignment to radionavigation land
test stations for the testing of airborne receiving equipment are
108.000 and 108.050 MHz for VHF omni-range; 108.100 and 108.150 MHz for
localizer; 334.550 and 334.700 MHz for glide slope; 978 and 979 MHz (X
channel)/1104 MHz (Y channel) for DME; 1030 MHz for air traffic control
radar beacon transponders; 1090 MHz for Traffic Alert and Collision
Avoidance Systems (TCAS); and 5031.0 MHz for microwave landing systems.
Additionally, the frequencies in paragraph (b) of this section may be
assigned to radionavigation land test stations after coordination with
the FAA. The following conditions apply:

\* \* \* \* \*

23. Subpart R is reserved.

**Subpart R -- \[Reserved\]**

24. Section 87.529 is amended to read as follows:

**§ 87.529 Frequencies.**

Prior to submitting an application, each applicant must notify the
applicable FAA Regional Frequency Management Office. Each application
must be accompanied by a statement showing the name of the FAA Regional
Office and date notified. The Commission will assign the frequency.
Normally, frequencies available for air traffic control operations set
forth in Subpart E will be assigned to an AWOS, ASOS, or to an ATIS.
When a licensee has entered into an agreement with the FAA to operate
the same station as both an AWOS and as an ATIS, or as an ASOS and an
ATIS, the same frequency will be used in both modes of operation.

**PART 95---PERSONAL RADIO SERVICES**

25. The authority citation for Part 95 continues to read as follows:

**AUTHORITY: Sections 4, 303, 48 Stat. 1066, 1082, as amended; 47 U.S.C.
154, 303.**

26. Section 95.655 is amended by revising paragraph (a) to read as
    follows:

**§ 95.655 Frequency Capability**

\(a\) No transmitter will be certificated for use in the CB service if
it is equipped with a frequency capability not listed in § 95.625, and
no transmitter will be certificated for use in the GMRS if it is
equipped with a frequency capability not listed in § 95.621, unless such
transmitter is also certificated for use in another radio service for
which the frequency is authorized and for which certification is also
required. (Transmitters with frequency capability for the Amateur Radio
Services and Military Affiliate Radio System will not be certificated.)

\* \* \*

\* \* \* \* \*

**APPENDIX B: PROPOSED RULES**

Parts 2, 80, and 87 of title 47 of the Code of Federal Regulations are
proposed to be amended as follows:

Part 2 of title 47 of the Code of Federal Regulations is proposed to be
amended as follows:

**PART 2 \-- FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS;\
GENERAL RULES AND REGULATIONS**

1\. The authority citation for Part 2 continues to read as follows:

AUTHORITY: 47 U.S.C. 154, 302a, 303, and 336, unless otherwise noted.

2\. Section 2.106, the Table of Frequency Allocations, is amended as
follows:

a\. Revise page 66.

b\. In the list of United States (US) footnotes, remove footnote US292.

**[§ 2.106 Table of Frequency Allocations.]{.underline}**

The revisions and additions read as follows:

\* \* \* \* \*

+-----------+-----------+-----------+-----------+-----------+---------+
| 14-14.25  |           |           | 14-14.2   | 14-14.2   | Sa      |
|           |           |           |           |           | tellite |
| FIXED-    |           |           | Space     | FIXED-    |         |
| SATELLITE |           |           | research  | SATELLITE | Communi |
| (Earth-   |           |           |           |           | cations |
| to-space) |           |           |           | (Earth-   | (25)    |
| 5.484A    |           |           |           | to-space) |         |
| 5.506     |           |           |           |           |         |
| 5.457A    |           |           |           | Mobile-   |         |
| 5.506B    |           |           |           | satellite |         |
| 5.457B    |           |           |           |           |         |
|           |           |           |           | (Earth-   |         |
| RADION    |           |           |           | to-space) |         |
| AVIGATION |           |           |           |           |         |
| 5.504     |           |           |           | Space     |         |
|           |           |           |           | research  |         |
| Mobile-   |           |           |           |           |         |
| satellite |           |           |           |           |         |
| (Earth-   |           |           |           |           |         |
| to-space) |           |           |           |           |         |
| 5.504C    |           |           |           |           |         |
| 5.506A    |           |           |           |           |         |
|           |           |           |           |           |         |
| Space     |           |           |           |           |         |
| research  |           |           |           |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+
| 5.504A    |           |           | 14.2-14.4 | 14.2-14.4 | Sa      |
| 5.505     |           |           |           |           | tellite |
|           |           |           |           | FIXED-    |         |
|           |           |           |           | SATELLITE | Communi |
|           |           |           |           |           | cations |
|           |           |           |           | (Earth-   | (25)    |
|           |           |           |           | to-space) |         |
|           |           |           |           |           | Fixed   |
|           |           |           |           | Mobile-   | Mi      |
|           |           |           |           | satellite | crowave |
|           |           |           |           |           | (101)   |
|           |           |           |           | (Earth-   |         |
|           |           |           |           | to-space) |         |
|           |           |           |           |           |         |
|           |           |           |           | Mobile    |         |
|           |           |           |           | except    |         |
|           |           |           |           | aer       |         |
|           |           |           |           | onautical |         |
|           |           |           |           |           |         |
|           |           |           |           | Mobile    |         |
+-----------+-----------+-----------+-----------+-----------+---------+
| 1         |           |           |           |           |         |
| 4.25-14.3 |           |           |           |           |         |
|           |           |           |           |           |         |
| FIXED-    |           |           |           |           |         |
| SATELLITE |           |           |           |           |         |
| (Earth-   |           |           |           |           |         |
| to-space) |           |           |           |           |         |
| 5.484A    |           |           |           |           |         |
| 5.506     |           |           |           |           |         |
| 5.457A    |           |           |           |           |         |
| 5.457B    |           |           |           |           |         |
| 5.506B    |           |           |           |           |         |
|           |           |           |           |           |         |
| RADION    |           |           |           |           |         |
| AVIGATION |           |           |           |           |         |
| 5.504     |           |           |           |           |         |
|           |           |           |           |           |         |
| Mobile-   |           |           |           |           |         |
| satellite |           |           |           |           |         |
| (Earth-   |           |           |           |           |         |
| to-space) |           |           |           |           |         |
| 5.506A    |           |           |           |           |         |
| 5.508A    |           |           |           |           |         |
|           |           |           |           |           |         |
| Space     |           |           |           |           |         |
| research  |           |           |           |           |         |
|           |           |           |           |           |         |
| 5.504A    |           |           |           |           |         |
| 5.505     |           |           |           |           |         |
| 5.508     |           |           |           |           |         |
| 5.509     |           |           |           |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+
| 14.3-14.4 | 14.3-14.4 | 14.3-14.4 |           |           |         |
|           |           |           |           |           |         |
| FIXED     | FIXED-    | FIXED     |           |           |         |
|           | SATELLITE |           |           |           |         |
| FIXED-    | (Earth-   | FIXED-    |           |           |         |
| SATELLITE |           | SATELLITE |           |           |         |
| (         | to-space) | (Earth-   |           |           |         |
| Earth-to- | 5.484A    |           |           |           |         |
|           | 5.506     | to-space) |           |           |         |
| space)    |           | 5.484A    |           |           |         |
| 5.484A    | 5.457A    | 5.506     |           |           |         |
| 5.506     | 5.506B    |           |           |           |         |
| 5.506B    |           | 5.457A    |           |           |         |
|           | Mobile-   | 5.506B    |           |           |         |
| 5.457A    | satellite |           |           |           |         |
| 5.457B    | (         | MOBILE    |           |           |         |
|           | Earth-to- | except    |           |           |         |
| MOBILE    |           | aer       |           |           |         |
| except    | space)    | onautical |           |           |         |
| aer       | 5.506A    |           |           |           |         |
| onautical |           | mobile    |           |           |         |
|           | Radiona   |           |           |           |         |
| mobile    | vigation- | Mobile-   |           |           |         |
|           | satellite | satellite |           |           |         |
| Mobile-   |           | (         |           |           |         |
| satellite | 5.504A    | Earth-to- |           |           |         |
| (         |           |           |           |           |         |
| Earth-to- |           | space)    |           |           |         |
|           |           | 5.506A    |           |           |         |
| space)    |           | 5.509A    |           |           |         |
| 5.506A    |           |           |           |           |         |
| 5.509A    |           | Radiona   |           |           |         |
|           |           | vigation- |           |           |         |
| Radiona   |           | satellite |           |           |         |
| vigation- |           |           |           |           |         |
| satellite |           | 5.504A    |           |           |         |
|           |           |           |           |           |         |
| 5.504A    |           |           |           |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+
| 1         |           |           | 1         | 1         | Sa      |
| 4.4-14.47 |           |           | 4.4-14.47 | 4.4-14.47 | tellite |
|           |           |           |           |           |         |
| FIXED     |           |           | Fixed     | FIXED-    | Communi |
|           |           |           |           | SATELLITE | cations |
| FIXED-    |           |           | Mobile    |           | (25)    |
| SATELLITE |           |           |           | (Earth-   |         |
| (Earth-   |           |           |           | to-space) |         |
| to-space) |           |           |           |           |         |
| 5.457A    |           |           |           | Mobile-   |         |
| 5.457B    |           |           |           | satellite |         |
| 5.484A    |           |           |           |           |         |
| 5.506     |           |           |           | (Earth-   |         |
| 5.506B    |           |           |           | to-space) |         |
|           |           |           |           |           |         |
| MOBILE    |           |           |           |           |         |
| except    |           |           |           |           |         |
| aer       |           |           |           |           |         |
| onautical |           |           |           |           |         |
| mobile    |           |           |           |           |         |
|           |           |           |           |           |         |
| Mobile-   |           |           |           |           |         |
| satellite |           |           |           |           |         |
| (Earth-   |           |           |           |           |         |
| to-space) |           |           |           |           |         |
| 5.506A    |           |           |           |           |         |
| 5.509A    |           |           |           |           |         |
|           |           |           |           |           |         |
| Space     |           |           |           |           |         |
| research  |           |           |           |           |         |
| (space-   |           |           |           |           |         |
| to-Earth) |           |           |           |           |         |
|           |           |           |           |           |         |
| 5.504A    |           |           |           |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+
| 1         |           |           | 1         | 1         |         |
| 4.47-14.5 |           |           | 4.47-14.5 | 4.47-14.5 |         |
|           |           |           |           |           |         |
| FIXED     |           |           | Fixed     | FIXED-    |         |
|           |           |           |           | SATELLITE |         |
| FIXED-    |           |           | Mobile    |           |         |
| SATELLITE |           |           |           | (Earth-   |         |
| (Earth-   |           |           | US203     | to-space) |         |
| to-space) |           |           | US342     |           |         |
| 5.457A    |           |           |           | Mobile-   |         |
| 5.457B    |           |           |           | satellite |         |
| 5.484A    |           |           |           |           |         |
| 5.506     |           |           |           | (Earth-   |         |
| 5.506B    |           |           |           | to-space) |         |
|           |           |           |           |           |         |
| MOBILE    |           |           |           | US203     |         |
| except    |           |           |           | US342     |         |
| aer       |           |           |           |           |         |
| onautical |           |           |           |           |         |
| mobile    |           |           |           |           |         |
|           |           |           |           |           |         |
| Mobile-   |           |           |           |           |         |
| satellite |           |           |           |           |         |
| (Earth-   |           |           |           |           |         |
| to-space) |           |           |           |           |         |
| 5.504B    |           |           |           |           |         |
| 5.506A    |           |           |           |           |         |
| 5.509A    |           |           |           |           |         |
|           |           |           |           |           |         |
| Radio     |           |           |           |           |         |
| astronomy |           |           |           |           |         |
|           |           |           |           |           |         |
| 5.149     |           |           |           |           |         |
| 5.504A    |           |           |           |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+

Page 66

Part 80 of title 47 of the Code of Federal Regulations is proposed to be
amended as follows:

**PART 80 \-- STATIONS IN THE MARITIME SERVICES**

1\. The authority citation for Part 80 continues to read as follows:

AUTHORITY: Secs. 4, 303, 307(e), 309, and 332, 48 Stat. 1066, 1082, as
amended; 47 U.S.C. 154, 303, 307(e), 309, and 332, unless otherwise
noted. Interpret or apply 48 Stat. 1064-1068, 1081-1105, as amended; 47
U.S.C. 151-155, 301-609; 3 UST 3450, 3 UST 4726, 12 UST 2377.

2\. Section 80.375 is amended by removing paragraph (d)(2)(vi),
redesignating paragraph (d)(2)(vii) as paragraph (d)(2)(vi), and
revising paragraph (d)(1) to read as follows:

**§ 80.375 Radiodetermination frequencies.**

\* \* \* \* \*

\(d\) [Radiodetermination frequency bands above 2400 MHz]{.underline}.
(1) The radiodetermination frequency bands assignable to ship and shore
stations including ship and shore radar and transponder stations are as
follows: 2450-2483.5 MHz; 2900-3100 MHz; 5460-5650 MHz; and 9300-9500
MHz.

Part 87 of title 47 of the Code of Federal Regulations is proposed to be
amended as follows:

**PART 87---AVIATION SERVICES**

1.  The authority citation for Part 87 continues to read as follows:

**AUTHORITY: 48 Stat. 1066, 1082, as amended; 47 U.S.C. 154, 303, 307(e)
unless otherwise noted. Interpret or apply 48 Stat. 1064-1068,
1081-1105, as amended; 47 U.S.C. 151-156, 301-609.**

2.  Section 87.107 is amended by removing paragraph (a)(2),
    redesignating paragraph (a)(3) as (a)(2), and revising paragraph
    (a)(2) to read as follows:

**§ 87.107 Station identification.**

\(a\) \* \* \*

\(3\) The type of aircraft followed by the characters of the
registration marking (\"N\" number) of the aircraft, omitting the prefix
letter \"N.\" When communication is initiated by a ground station, an
aircraft station may use the type of aircraft followed by the last three
characters of the registration marking. Notwithstanding any other
provision of this section, an aircraft being moved by maintenance
personnel from one location in an airport to another location in that
airport may be identified by a station identification 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.

\* \* \* \* \*

3.  Section 87.137 is amended by revising the table in paragraph (a) to
    read as follows:

**§ 87.137 Types of emission.**

(a)\* \* \*

  -------------------------- ------------- ------------- ---------- -----------
  Class of emission          Emission      Authorized               
                             designator    bandwidth                
                                           (kilohertz)              

                                           Below 50 MHz  Above 50   Frequency
                                                         MHz        deviation

  \* \* \*                   \* \* \*      \* \* \*      \* \* \*   \* \* \*

  F1B^1^                     2K40F1B       2.5                      

  F1D^18^                    1M70F1D                     1800 kHz   312.5 kHz

  F2D                        5M0F2D                      ^(9)^      

  \* \* \*                   \* \* \*      \* \* \*      \* \* \*   \* \* \*
  -------------------------- ------------- ------------- ---------- -----------

\* \* \* \* \*

^1^ A1A, F1B, J2A and J2B are permitted provided they do not cause
harmful interference to H2B, J3E, J7B and J9W.

\* \* \* \* \*

^9^ To be specified on license.

\* \* \* \* \*

^18^ Authorized only for Universal Access Transceiver use at 978 MHz.

\* \* \* \* \*

4.  Section 87.139 is amended by adding paragraph (l) to read as
    follows:

**§ 87.139 Emission limitations.**

\* \* \* \* \*

(l)(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:

  ------------------ ----------------------------------------------------
  Frequency (MHz)    Attenuation (dB)

  +/- 0.5            0

  +/- 1.0            18

  +/- 2.25           50

  +/- 3.25           60
  ------------------ ----------------------------------------------------

The mask shall be defined by drawing straight lines through the above
points on log semi-paper.

\(2\) Universal Access Transceiver transmitters with an output power of
5 Watts or more must limit their emissions by at least 43 + 1- 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 measured with a bandwidth of 100 kHz. P in the above
equation is the average transmitter power measured 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 measured with a bandwidth of 100 kHz.

5.  Section 87.141 is amended by adding paragraph (k) to read as
    follows:

**§ 87.141 Modulation requirements.**

\(a\) \* \* \*

\(k\) Universal Access Transceiver transmitters must use F1D modulation
without phase discontinuities.

\* \* \* \* \*

6.  Section 87.173 is amended by revising the table paragraph (b) to
    read as follows:

**§ 87.173 Frequencies.**

\* \* \* \* \*

\(b\) Frequency table:

+--------------------+------+----------+------------------------------+
| Frequency or       | Sub  | Class of | Remarks                      |
| frequency band     | part | station  |                              |
+--------------------+------+----------+------------------------------+
| 90-110 kHz         | Q    | RL       | LORAN "C".                   |
+--------------------+------+----------+------------------------------+
| 190-285 kHz        | Q    | RLB      | Radiobeacons.                |
+--------------------+------+----------+------------------------------+
| 200-285 kHz        | O    | FAC      | Air traffic control.         |
+--------------------+------+----------+------------------------------+
| 325-405 kHz        | O    | FAC      | Air traffic control.         |
+--------------------+------+----------+------------------------------+
| 325-435 kHz        | Q    | RLB      | Radiobeacons.                |
+--------------------+------+----------+------------------------------+
| 410.0 kHz          | F    | MA       | International                |
|                    |      |          | direction-finding for use    |
|                    |      |          | outside\                     |
|                    |      |          | of United States             |
+--------------------+------+----------+------------------------------+
| 457.0 kHz          | F    | MA       | Working frequency for        |
|                    |      |          | aircraft on over-water\      |
|                    |      |          | flights.                     |
+--------------------+------+----------+------------------------------+
| 500.0 kHz          | F    | MA       | International calling and    |
|                    |      |          | distress frequency\          |
|                    |      |          | for ships and aircraft on    |
|                    |      |          | over-water flights.          |
+--------------------+------+----------+------------------------------+
| 510-535 kHz        | Q    | RLB      | Radiobeacons.                |
+--------------------+------+----------+------------------------------+
| 2182.0 kHz         | F    | MA       | International distress and   |
|                    |      |          | calling.                     |
+--------------------+------+----------+------------------------------+
| 2371.0 kHz         |      |          | \[Reserved\]                 |
+--------------------+------+----------+------------------------------+
| 2374.0 kHz         |      |          | \[Reserved\]                 |
+--------------------+------+----------+------------------------------+
| 2648.0 kHz         | I    | AX       | Alaska station.              |
+--------------------+------+----------+------------------------------+
| 2850.0-3025.0 kHz  | I    | MA, FAE  | International HF.            |
+--------------------+------+----------+------------------------------+
| 2851.0 kHz         | I, J | MA, FAE, | International HF;            |
|                    |      | FAT      |                              |
|                    |      |          | Flight test.                 |
+--------------------+------+----------+------------------------------+
| 2866.0 kHz         | I    | MA, FAE  | Domestic HF (Alaska).        |
+--------------------+------+----------+------------------------------+
| 2875.0 kHz         | I    | MA, FAE  | Domestic HF.                 |
+--------------------+------+----------+------------------------------+
| 2878.0 kHz         | I    | MA1, FAE | Domestic HF; International   |
|                    |      |          | HF.                          |
+--------------------+------+----------+------------------------------+
| 2911.0 kHz         | I    | MA, FAE  | Domestic HF.                 |
+--------------------+------+----------+------------------------------+
| 2956.0 kHz         | I    | MA, FAE  | Domestic HF.                 |
+--------------------+------+----------+------------------------------+
| 3004.0 kHz         | I, J | MA, FAE, | International HF;            |
|                    |      | FAT      |                              |
|                    |      |          | Flight test.                 |
+--------------------+------+----------+------------------------------+
| 3019.0 kHz         | I    | MA1, FAE | Domestic HF; International   |
|                    |      |          | HF.                          |
+--------------------+------+----------+------------------------------+
| 3023.0 kHz         | F,   | MA1,     | Search and rescue            |
|                    | M, O | FAR, FAC | communications.              |
+--------------------+------+----------+------------------------------+
| 3281.0 kHz         | K    | MA, FAS  | Lighter-than-air craft and   |
|                    |      |          | aeronautical\                |
|                    |      |          | stations serving             |
|                    |      |          | lighter-than-air craft.      |
+--------------------+------+----------+------------------------------+
| 3400.0-3500.0 kHz  | I    | MA, FAE  | International HF.            |
+--------------------+------+----------+------------------------------+
| 3434.0 kHz         | I    | MA1, FAE | Domestic HF.                 |
+--------------------+------+----------+------------------------------+
| 3443.0 kHz         | J    | MA, FAT  |                              |
+--------------------+------+----------+------------------------------+
| 3449.0 kHz         | I    | MA, FAE  | Domestic HF.                 |
+--------------------+------+----------+------------------------------+
| 3470.0 kHz         | I    | MA, FAE  | Domestic HF; International   |
|                    |      |          | HF.                          |
+--------------------+------+----------+------------------------------+
| 4125.0 kHz         | F    | MA       | Distress and safety with     |
|                    |      |          | ships and\                   |
|                    |      |          | coast stations.              |
+--------------------+------+----------+------------------------------+
| 4466.0 kHz         |      |          | \[Reserved\]                 |
+--------------------+------+----------+------------------------------+
| 4469.0 kHz         |      |          | \[Reserved\]                 |
+--------------------+------+----------+------------------------------+
| 4506.0 kHz         |      |          | \[Reserved\]                 |
+--------------------+------+----------+------------------------------+
| 4509.0 kHz         |      |          | \[Reserved\]                 |
+--------------------+------+----------+------------------------------+
| 4550.0 kHz         | I    | AX       | Gulf of Mexico.              |
+--------------------+------+----------+------------------------------+
| 4582.0 kHz         |      |          | \[Reserved\]                 |
+--------------------+------+----------+------------------------------+
| 4585.0 kHz         |      |          | \[Reserved\]                 |
+--------------------+------+----------+------------------------------+
| 4601.0 kHz         |      |          | \[Reserved\]                 |
+--------------------+------+----------+------------------------------+
| 4604.0 kHz         |      |          | \[Reserved\]                 |
+--------------------+------+----------+------------------------------+
| 4627.0 kHz         |      |          | \[Reserved\]                 |
+--------------------+------+----------+------------------------------+
| 4630.0 kHz         |      |          | \[Reserved\]                 |
+--------------------+------+----------+------------------------------+
| 4645.0 kHz         | I    | AX       | Alaska.                      |
+--------------------+------+----------+------------------------------+
| 4650.0-4700.0 kHz  | I    | MA, FAE  | International HF.            |
+--------------------+------+----------+------------------------------+
| 4672.0 kHz         | I    | MA1, FAE | Domestic HF.                 |
+--------------------+------+----------+------------------------------+
| 4947.5 kHz         | I    | AX       | Alaska.                      |
+--------------------+------+----------+------------------------------+
| 5036.0 kHz         | I    | AX       | Gulf of Mexico.              |
+--------------------+------+----------+------------------------------+
| 5122.5 kHz         | I    | AX       | Alaska.                      |
+--------------------+------+----------+------------------------------+
| 5167.5 kHz         | I    | FA       | Alaska emergency.            |
+--------------------+------+----------+------------------------------+
| 5310.0 kHz         | I    | AX       | Alaska.                      |
+--------------------+------+----------+------------------------------+
| 5451.0 kHz         | J    | MA, FAT  | Flight test.                 |
+--------------------+------+----------+------------------------------+
| 5463.0 kHz         | I    | MA1, FAE | Domestic HF.                 |
+--------------------+------+----------+------------------------------+
| 5469.0 kHz         | J    | MA, FAT  | Flight test.                 |
+--------------------+------+----------+------------------------------+
| 5472.0 kHz         | I    | MA, FAE  | Domestic HF.                 |
+--------------------+------+----------+------------------------------+
| 5450.0-5680.0 kHz  | I    | MA, FAE  | International HF.            |
+--------------------+------+----------+------------------------------+
| 5484.0 kHz         | I    | MA, FAE  | Domestic HF.                 |
+--------------------+------+----------+------------------------------+
| 5490.0 kHz         | I    | MA, FAE  | Domestic HF.                 |
+--------------------+------+----------+------------------------------+
| 5496.0 kHz         | I    | MA, FAE  | Domestic HF.                 |
+--------------------+------+----------+------------------------------+
| 5508.0 kHz         | I    | MA1, FAE | Domestic HF.                 |
+--------------------+------+----------+------------------------------+
| 5571.0 kHz         | J    | MA, FAT  | Flight test.                 |
+--------------------+------+----------+------------------------------+
| 5631.0 kHz         | I    | MA, FAE  | Domestic HF.                 |
+--------------------+------+----------+------------------------------+
| 5680.0 kHz         | F,   | MA1,     | Search and rescue            |
|                    | M, O | FAC, FAR | communications.              |
+--------------------+------+----------+------------------------------+
| 5887.5 kHz         | I    | AX       | Alaska.                      |
+--------------------+------+----------+------------------------------+
| 6525.0-6685.0 kHz  | I    | MA, FAE  | International HF.            |
+--------------------+------+----------+------------------------------+
| 6550.0 kHz         | J    | MA, FAT  | Flight Test.                 |
+--------------------+------+----------+------------------------------+
| 6580.0 kHz         | I    | MA, FAE  | Domestic HF.                 |
+--------------------+------+----------+------------------------------+
| 6604.0 kHz         | I    | MA, FAE  | Domestic HF.                 |
+--------------------+------+----------+------------------------------+
| 8015.0 kHz         | I    | AX       | Alaska.                      |
+--------------------+------+----------+------------------------------+
| 8364.0 kHz         | F    | MA       | Search and rescue            |
|                    |      |          | communications.              |
+--------------------+------+----------+------------------------------+
| 8815.0-8965.0 kHz  | I    | MA, FAE  | International HF.            |
+--------------------+------+----------+------------------------------+
| 8822.0 kHz         | J    | MA, FAT  | Flight Test.                 |
+--------------------+------+----------+------------------------------+
| 8855.0 kHz         | I    | MA, FAE  | Domestic HF; international   |
|                    |      |          | HF.                          |
+--------------------+------+----------+------------------------------+
| 8876.0 kHz         | I    | MA, FAE  | Domestic HF.                 |
+--------------------+------+----------+------------------------------+
| 10005.0-10100.0    | I    | MA, FAE  | International HF.            |
| kHz                |      |          |                              |
+--------------------+------+----------+------------------------------+
| 10045.0 kHz        | J    | MA, FAT  | Flight Test.                 |
+--------------------+------+----------+------------------------------+
| 10066.0 kHz        | I    | MA, FAE  | Domestic HF; international   |
|                    |      |          | HF.                          |
+--------------------+------+----------+------------------------------+
| 11275.0-11400.0    | J    | MA, FAE  | International HF.            |
| kHz                |      |          |                              |
+--------------------+------+----------+------------------------------+
| 11288.0 kHz        | J    | MA, FAT  | Flight Test.                 |
+--------------------+------+----------+------------------------------+
| 11306.0 kHz        | J    | MA, FAT  | Flight Test.                 |
+--------------------+------+----------+------------------------------+
| 11357.0 kHz        | I    | MA, FAE  | Domestic HF.                 |
+--------------------+------+----------+------------------------------+
| 11363.0 kHz        | I    | MA, FAE  | Domestic HF.                 |
+--------------------+------+----------+------------------------------+
| 13260.0-13360.0    | I    | MA, FAE  | International HF.            |
| kHz                |      |          |                              |
+--------------------+------+----------+------------------------------+
| 13312.0 kHz        | I, J | MA, FAE, | International HF;            |
|                    |      | FAT      |                              |
|                    |      |          | Flight Test.                 |
+--------------------+------+----------+------------------------------+
| 17900.0-17970.0    | I    | MA, FAE  | International HF             |
| kHz                |      |          |                              |
+--------------------+------+----------+------------------------------+
| 17964.0 kHz        | J    | MA, FAT  | Flight Test.                 |
+--------------------+------+----------+------------------------------+
| 21924.0-22000.0    | I    | MA, FAE  | International HF.            |
| kHz                |      |          |                              |
+--------------------+------+----------+------------------------------+
| 21931.0 kHz        | J    | MA, FAT  | Flight Test.                 |
+--------------------+------+----------+------------------------------+
| 72.020-75.980 MHz  | P    | FA, AXO  | Operational fixed; 20 kHz    |
|                    |      |          | spacing.                     |
+--------------------+------+----------+------------------------------+
| 75.000 MHz         | Q    | RLA      | Marker beacon.               |
+--------------------+------+----------+------------------------------+
| 108.000 MHz        | Q    | RLT      |                              |
+--------------------+------+----------+------------------------------+
| 108.000-117.950    | Q    | RLO      | VHF omni-range.              |
| MHz                |      |          |                              |
+--------------------+------+----------+------------------------------+
| 108.000-117.975    | Q    | DGP      | Differential GPS.            |
| MHz                |      |          |                              |
+--------------------+------+----------+------------------------------+
| 108.050 MHz.       | Q    | RLT      |                              |
+--------------------+------+----------+------------------------------+
| 108.100-111.950    | Q    | RLL      | ILS Localizer.               |
| MHz                |      |          |                              |
+--------------------+------+----------+------------------------------+
| 108.100 MHz        | Q    | RLT      |                              |
+--------------------+------+----------+------------------------------+
| 108.150 MHz        | Q    | RLT      |                              |
+--------------------+------+----------+------------------------------+
| 118.000-121.400    | O    | MA, FAC, | 25 kHz channel spacing.      |
| MHz                |      | FAW,     |                              |
|                    |      | GCO,     |                              |
|                    |      | RCO, RPC |                              |
+--------------------+------+----------+------------------------------+
| 121.500 MHz        | G,   | MA, FAU, | Emergency and distress.      |
|                    | H,   | FAE,     |                              |
|                    | I,   | FAT,     |                              |
|                    | J,   | FAS,     |                              |
|                    | K,   | FAC,     |                              |
|                    | M, O | FAM, FAP |                              |
+--------------------+------+----------+------------------------------+
| 121.600-121.925    | O,   | MA, FAC, | 25 kHz channel spacing.      |
| MHz                | L, Q | MOU,     |                              |
|                    |      | RLT,     |                              |
|                    |      | GCO,     |                              |
|                    |      | RCO, RPC |                              |
+--------------------+------+----------+------------------------------+
| 121.950 MHz        | K    | FAS      |                              |
+--------------------+------+----------+------------------------------+
| 121.975 MHz        | F    | MA2,     | Air traffic control          |
|                    |      | FAW,     | operations.                  |
|                    |      | FAC, MOU |                              |
+--------------------+------+----------+------------------------------+
| 122.000 MHz        | F    | MA, FAC, | Air carrier and private      |
|                    |      | MOU      | aircraft enroute flight\     |
|                    |      |          | advisory service provided by |
|                    |      |          | FAA.                         |
+--------------------+------+----------+------------------------------+
| 122.025 MHz        | F    | MA2,     | Air traffic control          |
|                    |      | FAW,     | operations.                  |
|                    |      | FAC, MOU |                              |
+--------------------+------+----------+------------------------------+
| 122.050 MHz        | F    | MA, FAC, | Air traffic control          |
|                    |      | MOU      | operations.                  |
+--------------------+------+----------+------------------------------+
| 122.075 MHz        | F    | MA2,     | Air traffic control          |
|                    |      | FAW,     | operations.                  |
|                    |      | FAC, MOU |                              |
+--------------------+------+----------+------------------------------+
| 122.100 MHz        | F, O | MA, FAC, | Air traffic control          |
|                    |      | MOU      | operations.                  |
+--------------------+------+----------+------------------------------+
| 122.125-122.675    | F    | MA2,     | Air traffic control          |
| MHz                |      | FAC, MOU | operations; 25 kHz\          |
|                    |      |          | spacing.                     |
+--------------------+------+----------+------------------------------+
| 122.700 MHz        | G, L | MA, FAU, | Unicom at airports with no   |
|                    |      | MOU      | control tower;\              |
|                    |      |          | Aeronautical utility         |
|                    |      |          | stations.                    |
+--------------------+------+----------+------------------------------+
| 122.725 MHz        | G, L | MA, FAU, | Unicom at airports with no   |
|                    |      | MOU      | control tower;\              |
|                    |      |          | Aeronautical utility         |
|                    |      |          | stations.                    |
+--------------------+------+----------+------------------------------+
| 122.750 MHz        | F    | MA2      | Private fixed wing aircraft  |
|                    |      |          | air-to-air\                  |
|                    |      |          | communications.              |
+--------------------+------+----------+------------------------------+
| 122.775 MHz        | K    | MA, FAS  |                              |
+--------------------+------+----------+------------------------------+
| 122.800 MHz        | G, L | MA, FAU, | Unicom at airports with no   |
|                    |      | MOU      | control tower;\              |
|                    |      |          | Aeronautical utility         |
|                    |      |          | stations.                    |
+--------------------+------+----------+------------------------------+
| 122.825 MHz        | I    | MA, FAE  | Domestic VHF.                |
+--------------------+------+----------+------------------------------+
| 122.850 MHz        | H, K | MA, FAM, |                              |
|                    |      | FAS      |                              |
+--------------------+------+----------+------------------------------+
| 122.875 MHz        | I    | MA, FAE  | Domestic VHF.                |
+--------------------+------+----------+------------------------------+
| 122.900 MHz        | F,   | MA, FAR, |                              |
|                    | H,   | FAM, MOU |                              |
|                    | L, M |          |                              |
+--------------------+------+----------+------------------------------+
| 122.925 MHz        | H    | MA2, FAM |                              |
+--------------------+------+----------+------------------------------+
| 122.950 MHz        | G, L | MA, FAU, | Unicom at airports with no   |
|                    |      | MOU      | control tower;\              |
|                    |      |          | Aeronautical utility         |
|                    |      |          | stations.                    |
+--------------------+------+----------+------------------------------+
| 122.975 MHz        | G, L | MA, FAU, | Unicom at airports with no   |
|                    |      | MOU      | control tower;\              |
|                    |      |          | Aeronautical utility         |
|                    |      |          | stations.                    |
+--------------------+------+----------+------------------------------+
| 123.000 MHz        | G, L | MA, FAU, | Unicom at airports with no   |
|                    |      | MOU      | control tower;\              |
|                    |      |          | Aeronautical utility         |
|                    |      |          | stations.                    |
+--------------------+------+----------+------------------------------+
| 123.025 MHz        | F    | MA2      | Helicopter air-to-air        |
|                    |      |          | communications;\             |
|                    |      |          | Air traffic control          |
|                    |      |          | operations.                  |
+--------------------+------+----------+------------------------------+
| 123.050 MHz        | G, L | MA, FAU, | Unicom at airports with no   |
|                    |      | MOU      | control tower;\              |
|                    |      |          | Aeronautical utility         |
|                    |      |          | stations.                    |
+--------------------+------+----------+------------------------------+
| 123.075 MHz        | G, L | MA, FAU, | Unicom at airports with no   |
|                    |      | MOU      | control tower;\              |
|                    |      |          | Aeronautical utility         |
|                    |      |          | stations.                    |
+--------------------+------+----------+------------------------------+
| 123.100 MHz        | M, O | MA, FAC, |                              |
|                    |      | FAR      |                              |
+--------------------+------+----------+------------------------------+
| 123.125 MHz        | J    | MA, FAT  | Itinerant.                   |
+--------------------+------+----------+------------------------------+
| 123.150 MHz        | J    | MA, FAT  | Itinerant.                   |
+--------------------+------+----------+------------------------------+
| 123.175 MHz        | J    | MA, FAT  | Itinerant.                   |
+--------------------+------+----------+------------------------------+
| 123.200 MHz        | J    | MA, FAT  |                              |
+--------------------+------+----------+------------------------------+
| 123.225 MHz        | J    | MA, FAT  |                              |
+--------------------+------+----------+------------------------------+
| 123.250 MHz        | J    | MA, FAT  |                              |
+--------------------+------+----------+------------------------------+
| 123.275 MHz        | J    | MA, FAT  |                              |
+--------------------+------+----------+------------------------------+
| 123.300 MHz        | K    | MA, FAS  |                              |
+--------------------+------+----------+------------------------------+
| 123.325 MHz        | J    | MA, FAT  |                              |
+--------------------+------+----------+------------------------------+
| 123.350 MHz        | J    | MA, FAT  |                              |
+--------------------+------+----------+------------------------------+
| 123.375 MHz        | J    | MA, FAT  |                              |
+--------------------+------+----------+------------------------------+
| 123.400 MHz        | J    | MA, FAT  | Itinerant.                   |
+--------------------+------+----------+------------------------------+
| 123.425 MHz        | J    | MA, FAT  |                              |
+--------------------+------+----------+------------------------------+
| 123.450 MHz        | J    | MA, FAT  |                              |
+--------------------+------+----------+------------------------------+
| 123.475 MHz        | J    | MA, FAT  |                              |
+--------------------+------+----------+------------------------------+
| 123.500 MHz        | K    | MA, FAS  |                              |
+--------------------+------+----------+------------------------------+
| 123.525 MHz        | J    | MA, FAT  |                              |
+--------------------+------+----------+------------------------------+
| 123.550 MHz        | J    | MA, FAT  |                              |
+--------------------+------+----------+------------------------------+
| 123.575 MHz        | J    | MA, FAT  |                              |
+--------------------+------+----------+------------------------------+
| 123.6-128.8 MHz    | O    | MA, FAC, | 25 kHz channel spacing.      |
|                    |      | FAW,     |                              |
|                    |      | GCO,     |                              |
|                    |      | RCO, RPC |                              |
+--------------------+------+----------+------------------------------+
| 128.825-132.000    | I    | MA, FAE  | Domestic VHF; 25 kHz channel |
| MHz                |      |          | spacing.                     |
+--------------------+------+----------+------------------------------+
| 132.025-135.975    | O    | MA, FAC, | 25 kHz channel spacing.      |
| MHz                |      | FAW,     |                              |
|                    |      | GCO,     |                              |
|                    |      | RCO, RPC |                              |
+--------------------+------+----------+------------------------------+
| 136.000-136.400    | O, S | MA, FAC, | Air traffic control          |
| MHz                |      | FAW,     | operations; 25 kHz channel\  |
|                    |      | GCO,     | spacing.                     |
|                    |      | RCO, RPC |                              |
+--------------------+------+----------+------------------------------+
| 136.425 MHz        | O, S | MA, FAC, | Air traffic control          |
|                    |      | FAW,     | operations.                  |
|                    |      | GCO,     |                              |
|                    |      | RCO, RPC |                              |
+--------------------+------+----------+------------------------------+
| 136.450 MHz        | O, S | MA, FAC, | Air traffic control          |
|                    |      | FAW,     | operations.                  |
|                    |      | GCO,     |                              |
|                    |      | RCO, RPC |                              |
+--------------------+------+----------+------------------------------+
| 136.475 MHz        | O, S | MA, FAC, | Air traffic control          |
|                    |      | FAW,     | operations.                  |
|                    |      | GCO,     |                              |
|                    |      | RCO, RPC |                              |
+--------------------+------+----------+------------------------------+
| 136.500-136.875    | I    | MA, FAE  | Domestic VHF; 25 kHz channel |
| MHz                |      |          | spacing.                     |
+--------------------+------+----------+------------------------------+
| 136.900 MHz        | I    | MA, FAE  | International and domestic   |
|                    |      |          | VHF.                         |
+--------------------+------+----------+------------------------------+
| 136.925 MHz        | I    | MA, FAE  | International and domestic   |
|                    |      |          | VHF.                         |
+--------------------+------+----------+------------------------------+
| 136.950 MHz        | I    | MA, FAE  | International and domestic   |
|                    |      |          | VHF.                         |
+--------------------+------+----------+------------------------------+
| 136.975 MHz        | I    | MA, FAE  | International and domestic   |
|                    |      |          | VHF.                         |
+--------------------+------+----------+------------------------------+
| 156.300 MHz        | F    | MA       | For communications with ship |
|                    |      |          | stations under\              |
|                    |      |          | specific conditions.         |
+--------------------+------+----------+------------------------------+
| 156.375 MHz        | F    | MA       | For communications with ship |
|                    |      |          | stations under\              |
|                    |      |          | specific conditions; Not     |
|                    |      |          | authorized in New\           |
|                    |      |          | Orleans Vessel traffic       |
|                    |      |          | service area.                |
+--------------------+------+----------+------------------------------+
| 156.400 MHz        | F    | MA       | For communications with ship |
|                    |      |          | stations under\              |
|                    |      |          | specific conditions.         |
+--------------------+------+----------+------------------------------+
| 156.425 MHz        | F    | MA       | For communications with ship |
|                    |      |          | stations under\              |
|                    |      |          | specific conditions.         |
+--------------------+------+----------+------------------------------+
| 156.450 MHz        | F    | MA       | For communications with ship |
|                    |      |          | stations under\              |
|                    |      |          | specific conditions.         |
+--------------------+------+----------+------------------------------+
| 156.625 MHz        | F    | MA       | For communications with ship |
|                    |      |          | stations under\              |
|                    |      |          | specific conditions.         |
+--------------------+------+----------+------------------------------+
| 156.800 MHz        | F    | MA       | Distress, safety and calling |
|                    |      |          | frequency; For\              |
|                    |      |          | communications with ship     |
|                    |      |          | stations under\              |
|                    |      |          | specific conditions.         |
+--------------------+------+----------+------------------------------+
| 156.900 MHz        | F    | MA       | For communications with ship |
|                    |      |          | stations under\              |
|                    |      |          | specific conditions.         |
+--------------------+------+----------+------------------------------+
| 157.425 MHz        | F    | MA       | For communications with      |
|                    |      |          | commercial fishing\          |
|                    |      |          | vessels under specific       |
|                    |      |          | conditions except in\        |
|                    |      |          | Great Lakes and St. Lawrence |
|                    |      |          | Seaway\                      |
|                    |      |          | Areas.                       |
+--------------------+------+----------+------------------------------+
| 243.000 MHz        | F    | MA       | Emergency and distress       |
|                    |      |          | frequency for use of\        |
|                    |      |          | survival craft and emergency |
|                    |      |          | locator\                     |
|                    |      |          | transmitters.                |
+--------------------+------+----------+------------------------------+
| 328.600-335.400    | Q    | RLG      | ILS glide path.              |
| MHz                |      |          |                              |
+--------------------+------+----------+------------------------------+
| 334.550 MHz        | Q    | RLT      |                              |
+--------------------+------+----------+------------------------------+
| 334.700 MHz        | Q    | RLT      |                              |
+--------------------+------+----------+------------------------------+
| 406.025 MHz        | F,   | MA, FAU, | Emergency and distress.      |
|                    | G,   | FAE,     |                              |
|                    | H,   | FAT,     |                              |
|                    | I,   | FAS,     |                              |
|                    | J,   | FAC,     |                              |
|                    | K,   | FAM, FAP |                              |
|                    | M, O |          |                              |
+--------------------+------+----------+------------------------------+
| 960-1215 MHz       | F, Q | MA, RL,  | Electronic aids to air       |
|                    |      | RNV      | navigation.                  |
+--------------------+------+----------+------------------------------+
| 978.000 MHz        | Q    | RLT      |                              |
+--------------------+------+----------+------------------------------+
| 979.000 MHz        | Q    | RLT      |                              |
+--------------------+------+----------+------------------------------+
| 1030.000 MHz       | Q    | RLT      |                              |
+--------------------+------+----------+------------------------------+
| 1104.000 MHz       | Q    | RLT      |                              |
+--------------------+------+----------+------------------------------+
| 1300-1350 MHz      | F, Q | MA, RLS  | Surveillance radars and      |
|                    |      |          | transponders.                |
+--------------------+------+----------+------------------------------+
| 1435-1535 MHz      | F, J | MA, FAT  | Aeronautical telemetry and   |
|                    |      |          | telecommand\                 |
|                    |      |          | operations.                  |
+--------------------+------+----------+------------------------------+
| 1559-1610 MHz      | Q    | DGP      | Differential GPS.            |
+--------------------+------+----------+------------------------------+
| 1559-1626.5 MHz    | F, Q | MA, RL   | Aeronautical                 |
|                    |      |          | radionavigation.             |
+--------------------+------+----------+------------------------------+
| 1646.5-1660.5 MHz  | F    | TJ       | Aeronautical                 |
|                    |      |          | Mobile-Satellite (R).        |
+--------------------+------+----------+------------------------------+
| 2310-2390 MHz      | J    | MA, FAT  | Aeronautical telemetry and   |
|                    |      |          | telecommand\                 |
|                    |      |          | operations.                  |
+--------------------+------+----------+------------------------------+
| 2700-2900 MHz      | Q    | RLS, RLD | Airport surveillance and     |
|                    |      |          | weather radar.               |
+--------------------+------+----------+------------------------------+
| 4200-4400 MHz      | F    | MA       | Radio altimeters.            |
+--------------------+------+----------+------------------------------+
| 5000-5250 MHz      | Q    | MA, RLW  | Microwave landing systems.   |
+--------------------+------+----------+------------------------------+
| 5031.000 MHz       | Q    | RLT      |                              |
+--------------------+------+----------+------------------------------+
| 5350-5470 MHz      | F    | MA       | Airborne radars and          |
|                    |      |          | associated airborne\         |
|                    |      |          | beacons.                     |
+--------------------+------+----------+------------------------------+
| 8750-8850 MHz      | F    | MA       | Airborne doppler radar.      |
+--------------------+------+----------+------------------------------+
| 9000-9200 MHz      | Q    | RLS, RLD | Land-based radar.            |
+--------------------+------+----------+------------------------------+
| 9300-9500 MHz      | F, Q | MA       | Airborne radars and          |
|                    |      |          | associated airborne\         |
|                    |      |          | beacons.                     |
+--------------------+------+----------+------------------------------+
| 13250-13400 MHz    | F    | MA       | Airborne doppler radar.      |
+--------------------+------+----------+------------------------------+
| 15400-15700 MHz    | Q    | RL       | Aeronautical                 |
|                    |      |          | radionavigation.             |
+--------------------+------+----------+------------------------------+
| 24750-25050 MHz    | F, Q | MA, RL   | Aeronautical                 |
|                    |      |          | radionavigation.             |
+--------------------+------+----------+------------------------------+
| 32300-33400 MHz    | F, Q | MA, RL   | Aeronautical                 |
|                    |      |          | radionavigation.             |
+--------------------+------+----------+------------------------------+

7.  Section 87.187 is amended by revising paragraph x and adding
    paragraph (ff) to read as follows:

**§ 87.187 Frequencies.**

\* \* \*

\(x\) The frequency bands 24250-24450 MH, 24650-24750 MHz and
32300-33400 MHz are available for airborne radionavigation devices.

\* \* \*

(ff) The frequency 978 MHz is authorized for Universal Access
Transceiver data transmission.

\* \* \* \* \*

8.  Section 87.263 is amended by revising paragraphs (d) and (e) and
    adding paragraph (g) to read as follows:

**§ 87.263 Frequencies.**

\(a\) \* \* \*

\(d\) [International HF Service]{.underline}. High frequencies for
enroute stations serving international flight operations on the Major
World Air Route Areas (MWARA\'s), as defined in the international Radio
Regulations and the ICAO Assignment Plan, may be authorized in
accordance with Appendix S27 to the Radio Regulations.

\(e\) [Long distance operational control]{.underline}. Long distance
operational control frequencies provide communications between
aeronautical enroute stations and aircraft stations anywhere in the
world for control of the regularity and efficiency of flight and safety
of aircraft. World-wide frequencies are not assigned by administrations
for MWARA and Regional and Domestic Air Route Area (RDARA). Long
distance operational control frequencies will may be authorized in
accordance with Appendix S27 of the international Radio Regulations.

\* \* \*

\(g\) The frequency 978 MHz is authorized for Universal Access
Transceiver data transmission.

\* \* \* \* \*

9.  Section 87.345 is amended by adding paragraph (f) to read as
    follows:

**§ 87.345 Scope of service.**

\* \* \*

\(f\) Transmissions by aeronautical utility mobile stations for
Universal Access Transceiver service are authorized.

\* \* \* \* \*

10. Section 87.349 is amended by adding paragraph (e) to read as
    follows:

**§ 87.349 Frequencies.**

\(a\) \* \* \*

\(e\) The frequency 978.0 MHz is authorized for Universal Access
Transceiver data transmission.

\* \* \* \* \*

11. Section 87.375 is amended by adding paragraph (e) to read as
    follows:

**§ 87.375 Frequencies.**

\(a\) \* \* \*

\(e\) The frequency 978.0 MHz is authorized for Universal Access
Transceiver data transmission.

\* \* \* \* \*

12. Section 87.417 is amended by adding paragraph (c) to read as
    follows:

**§ 87.417 Scope of service.**

\(a\) \* \* \*

\(c\) The frequency 978.0 MHz is authorized for Universal Access
Transceiver data transmission.

\* \* \* \* \*

13. Section 87.421 is amended by revising paragraph (c) to read as
    follows:

**§ 87.421 Frequencies.**

\* \* \*

\(c\) Frequencies in the bands 118.000-121.400 MHz, 121.600-121.925 MHz,
123.600-128.800 MHz, and 132.025-135.975 MHz are available to control
towers and RCOs for communications with ground vehicles and aircraft on
the ground. The antenna heights shall be restricted to the minimum
necessary to achieve the required coverage. Channel spacing is 25 kHz

> \* \* \* \* \*

27. Section 87.475 is amended by adding paragraph (b)(9) and revising
    paragraphs (c)(1) and (c)(2) to read as follows

**§ 87.475 Frequencies.**

\(a\) \* \* \*

\(b\) \* \* \*

\(9\) 978.0 MHz is authorized for Universal Access Transceiver service.

\(c\) [Frequencies available for radionavigation land test
stations]{.underline}*.* (1) The frequencies set forth in\
§ 87.187(c), (e) through (j), (r), (t), and (ff) and § 87.475(b) (6)
through (10), and (12) may be assigned to radionavigation land test
stations for the testing of aircraft transmitting equipment that
normally operate on these frequencies and for the testing of land-based
receiving equipment that operate with airborne radionavigation
equipment.

\(2\) The frequencies available for assignment to radionavigation land
test stations for the testing of airborne receiving equipment are
108.000 and 108.050 MHz for VHF omni-range; 108.100 and 108.150 MHz for
localizer; 334.550 and 334.700 MHz for glide slope; 978 and 979 MHz (X
channel)/1104 MHz (Y channel) for DME; 978 MHz for Universal Access
Transceiver; 1030 MHz for air traffic control radar beacon transponders;
and 5031.0 MHz for microwave landing systems. Additionally, the
frequencies in paragraph (b) of this section may be assigned to
radionavigation land test stations after coordination with the FAA. The
following conditions apply:

\(i\) The maximum power authorized on the frequencies 108.150 and
334.550 MHz is 1 milliwatt. The maximum power authorized on all other
frequencies is one watt.

\(ii\) The pulse repetition rate (PRR) of the 1030 MHz ATC radar beacon
test set will be 235 pulses per second (pps) ±5pps.

\(iii\) The assignment of 108.000 MHz is subject to the condition that
no interference will be caused to the reception of FM broadcasting
stations and stations using the frequency are not protected against
interference from FM broadcasting stations.

\* \* \*

APPENDIX C

**Parties Submitting Comments and Reply Comments in WT Docket No.
01-289**

[Comments]{.underline}

ARINC and Air Transport Association of America (ARINC/ATA)

Association of Federal Communications Consulting Engineers (AFCCE)

The Boeing Company (Boeing)

Federal Aviation Administration (FAA)

Hammett & Edison, Inc. (Hammett & Edison)

Honeywell International, Inc. (Honeywell)

Rockwell Collins, Inc. (Rockwell Collins)

Société Internationale de Télécommunications Aéronautiques (SITA)

UPS Aviation Technologies, Inc. (UPS)

[Reply Comments]{.underline}

ARINC/ATA

Boeing

FAA

Globalstar L.P. (Globalstar)

Inmarsat Ltd. (Inmarsat)

Rockwell Collins

SITA

[*Ex parte* presentations]{.underline}

Boeing

Rockwell Collins

APPENDIX D

INITIAL REGULATORY FLEXIBILITY ANALYSIS

As required by the Regulatory Flexibility Act (RFA),[^354] the
Commission has prepared this Initial Regulatory Flexibility Analysis
(IRFA) of the possible significant economic impact on small entities of
the policies and rules proposed in the *Further Notice of Proposed Rule
Making* in WT Docket No. 01-289 (*Further Notice*). Written public
comments are requested on this IRFA. Comments must be identified as
responses to the IRFA and must be filed by the deadlines for comments on
the *Further Notice* as provided in paragraph 100 of the item, *supra*.
The Commission will send a copy of the *Further Notice*, including this
IRFA, to the Chief Counsel for Advocacy of the Small Business
Administration.[^355] In addition, the *Further Notice* and IRFA (or
summaries thereof) will be published in the Federal Register*.*[^356]

A.  **A. Need for, and Objectives of, the Proposed Rules:**

The proposed rules in the *Further Notice* are intended to further
streamline, consolidate and clarify the Commission's Part 87 Rules;
remove unnecessary or duplicative requirements; address new
international requirements; and promote flexibility and efficiency in
the use of aviation radio equipment in a manner that will further
aviation safety. In the *Further Notice*, we request comment
specifically on whether we should: (1) accommodate use of Universal
Access Transceiver technology on the frequency 978 MHz; (2) eliminate
all requirements specific to data rates and modulation types to
accommodate new technologies, such as Inmarsat's new 64 kbps service;
(3) enable the use of non-geostationary satellite networks for AMS(R)S;
(4) broaden the AMS(R)S regulations to take account of satellite systems
other than Inmarsat's; (5) adopt additional technical requirements for
AMS(R)S; (6) authorize use of the 1990-2025 MHz band for AMS(R)S; (7)
identify new uses for the frequencies formerly reserved for the Civil
Air Patrol; (8) remove the radionavigation allocation at 14000-14400
MHz; (9) streamline the listing of HF band frequencies in Part 87
frequency tables; (10) expand the availability of air traffic control
spectrum for ground control communications; (11) codify the terms of a
waiver that has permitted the certification of a back-up safety device
designed to supplement conventional 121.5 MHz Emergency Locator
Transmitters (ELTs); and (12) codify the terms of a waiver that
authorizes a special station identification format to be used only by
aircraft being operated by maintenance personnel from one location in an
airport to another location in an airport.

B.  **Legal Basis:**

Authority for issuance of this item is contained in Sections 4(i),
303(r), and 403 of the Communications Act of 1934, as amended, 47 U.S.C.
§§ 154(i), 303(r) and 403.

C.  **Description and Estimate of the Number of Small Entities to Which
    the Proposed Rules Will Apply:**

Under the RFA, small entities may include small organizations, small
businesses, and small governmental jurisdictions, or entities.[^357] The
RFA directs agencies to provide a description of and, where feasible, an
estimate of the number of small entities that may be affected by the
proposed rules, if adopted.[^358] The RFA generally defines the term
"small entity" as having the same meaning as the terms "small business,"
"small organization," and "small governmental jurisdiction."[^359] In
addition, the term "small business" has the same meaning as the term
"small business concern" under the Small Business Act.[^360] A small
business concern is one that: (1) is independently owned and operated;
(2) is not dominant in its field of operation; and (3) satisfies any
additional criteria established by the SBA.[^361] Pursuant to 5 U.S.C. §
601(3), the statutory definition of a small business applies "unless an
agency after consultation with the Office of Advocacy of the SBA, and
after opportunity for public comment, establishes one or more
definitions of such term which are appropriate to the activities of the
agency and publishes such definition(s) in the Federal Register."

Small businesses in the aviation and marine radio services use a marine
very high frequency (VHF) radio, any type of emergency position
indicating radio beacon (EPIRB) and/or radar, a VHF aircraft radio,
and/or any type of emergency locator transmitter (ELT). The Commission
has not developed a definition of small entities specifically applicable
to these small businesses. For purposes of this IRFA, therefore, the
applicable definition of a small entity is that under SBA rules
applicable to "Cellular and Other Wireless Telecommunications." This
definition provides that a "small entity" for purposes of public coast
station licensees, a subgroup of marine radio users, consists of all
such firms having 1,500 or fewer employees.[^362] According to Census
bureau data for 1997, there were 977 firms, total, in the category of
"Cellular and other Wireless Telecommunications," that operated for the
entire year.[^363] Of this total, 965 firms had employment of 999 or
fewer employees, and an additional 12 firms had employment of 1,000
employees or more.[^364] Thus under this size standard, the majority of
firms can be considered small.

The proposed amendments may also affect small businesses that
manufacture aviation radio equipment. The Commission has not developed a
definition of small entities applicable specifically to Radio Frequency
Equipment Manufacturers (RF Manufacturers). Therefore, the applicable
definition of a small entity is the definition under SBA rules for
manufacturers of "Radio and Television Broadcasting and Wireless
Communications Equipment." This NAICS category, however, is broad, and
specific figures are not available as to how many of these
establishments manufacture RF equipment for aviation use. Under the
SBA\'s regulations, a radio and television broadcasting and wireless
communications equipment manufacturer must have 750 or fewer employees
in order to qualify as a small business concern.[^365] Census Bureau
data indicates that there are 1,215 U.S. establishments that manufacture
radio and television broadcasting and wireless communications equipment,
and that 1,150 of these establishments have fewer than 500 employees and
would be classified as small entities.[^366] The remaining 65
establishments have 500 or more employees; however, we are unable to
determine how many of those have fewer than 750 employees and therefore,
also qualify as small entities under the SBA definition. We therefore
conclude that there are no more than 1,150 small manufacturers of radio
and television broadcasting and wireless communications equipment.

D.  **Description of Projected Reporting, Recordkeeping, and Other
    Compliance Requirements:**

The *Further Notice* seeks comment on a number of possible rule changes
that may affect reporting, recordkeeping and other compliance
requirements. However, we believe that, with the exception of possible
rule changes imposing additional technical requirements for certain
aircraft earth stations, all of the possible rule changes discussed in
the *Further Notice* are deregulatory in the sense that they do not
impose new requirements on licensees or equipment manufacturers, but
instead enhance the ability of licensees and manufacturers to provide
and use new services and equipment on a permissive basis, and therefore
will benefit small entities as well as the aviation community as a
whole.

We invite comment on our tentative conclusion that the following
possible rule changes will not have a negative impact on small entities,
or for that matter any entities, because they would facilitate flexible
use of the spectrum by licensees and/or design flexibility for
manufacturers of avionics equipment, and do not impose new compliance
costs on any entity: (1) accommodating use of Universal Access
Transceiver technology on the frequency 978 MHz; (2) eliminating all
requirements specific to data rates and modulation types; (3) enabling
the use of non-geostationary satellite networks for AMS(R)S; (4)
broadening the AMS(R)S regulations to take account of satellite systems
other than Inmarsat's; (5) authorizing use of the 1990-2025 MHz band for
AMS(R)S; (6) reallocating the frequencies formerly reserved for the
Civil Air Patrol; (7) removing the radionavigation allocation at
14000-14400 MHz; (8) streamlining the listing of HF band frequencies in
Part 87 frequency tables; (9) expanding the number of air traffic
control frequencies available for ground control communications; (10)
permitting certification of back-up safety devices designed to
supplement conventional 121.5 MHz Emergency Locator Transmitters (ELTs);
and (11) authorizing a special station identification format to be used
by aircraft that are being operated by maintenance personnel from one
location in an airport to another location in an airport. To the extent
that commenters believe that any of the above possible rule changes
would impose a new reporting, recordkeeping, or compliance burden on
small entities, we ask that they describe the nature of that burden in
some detail and, if possible, quantify the costs to small entities.

We tentatively conclude that any compliance burden stemming from new
technical requirements for aircraft earth stations used in the provision
of AMS(R)S will fall not on small entities but on large entities, such
as mobile satellite system operators, airlines, and large manufacturers.
We invite comment on this tentative conclusion. Commenters should
identify with particularity those small entities that may be affected by
these requirements, and, if possible, quantify the costs of any such
requirements.

E.  **Steps Taken to Minimize Significant Economic Impact on Small
    Entities and Significant Alternatives Considered:**

The RFA requires an agency to describe any significant alternatives that
it has considered in reaching its proposed approach, which may include
the following four alternatives: (1) the establishment of differing
compliance or reporting requirements or timetables that take into
account the resources available to small entities; (2) the
clarification, consolidation, or simplification of compliance or
reporting requirements under the rule for small entities; (3) the use of
performance, rather than design, standards; and (4) an exemption from
coverage of the rule, or any part thereof, for small entities.

We hereby request comment on whether we can employ any of the above
approaches to lessen compliance burdens on small entities if we adopt
new technical requirements for aircraft earth stations. To the extent
commenters believe that other of the discussed rule changes would also
impose a compliance burden on small entities, we ask that they address
whether any of the above approaches to reduce that burden is
appropriate.

We hereby invite interested parties to address any or all of these
regulatory alternatives and to suggest additional alternatives to
minimize any significant economic impact on small entities. Any
significant alternative presented in the comments will be considered.

F.  **Federal Rules that May Duplicate, Overlap, or Conflict with the
    Proposed Rules:**

None.

[^1]: 47 C.F.R. § 87.1 et seq.

[^2]: Review of Part 87 of the Commission's Rules Concerning the
    Aviation Radio Service, *Notice of Proposed Rule Making*, WT Docket
    No. 01-289, 16 FCC Rcd 19005 (2001).

[^3]: Unicom stations 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, unicom stations 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. Unicoms must provide impartial information concerning
    available ground services, and must provide service to any aircraft
    station upon request and without discrimination. 47 C.F.R. § 87.215

[^4]: *NPRM*, 16 FCC Rcd at 19007 ¶ 4.

[^5]: *See* Federal Radio Commission, 3^rd^ Annual Report, at 25 (1929).

[^6]: *See, e.g*., Federal Communications Commission, 3^rd^ Annual
    Report, at 68 (1938) ("\[w\]ithout the aid of radio facilities
    authorized by the Commission, high speed passenger and air-mail
    service would be impracticable").

[^7]: Reorganization and Revision of Chapter, *Order*, 28 Fed. Reg.
    12386, 12388 (1963).

[^8]: *See* Reorganization and Revision of Part 87 Governing the
    Aviation Services, *Report and Order*, PR Docket No. 87-215, 3 FCC
    Rcd 4171 (1988).

[^9]: *See* Appendix C, *infra*, for names of commenters and the
    acronyms by which they are referred to herein. The FAA's initial and
    reply comments were filed late, accompanied by requests for waivers
    of the filing deadlines. We grant the waiver requests and accept the
    FAA's comments in the interest of having as complete a record as
    possible upon which to base the decisions in this proceeding.

[^10]: AMS(R)S was formerly referred to as AMSS(R). The "(R)" in both
    terms indicates that the spectrum is used for aeronautical
    communications related to the safety and regularity of flights
    primarily along national and international civil air routes.

[^11]: The term "aircraft earth station" refers to any mobile earth
    station in the aeronautical mobile-satellite service located on
    board an aircraft. *See* 47 C.F.R. § 87.5.

[^12]: *See* The Establishment of Policies and Service Rules for the
    Mobile Satellite Service in the 2 GHz Band, *Report and Order*, IB
    Docket No. 99-81, 15 FCC Rcd 16127, 16154 ¶ 61 (2000) (*2 GHz Band
    Order*).

[^13]: *See* 47 C.F.R. § 87.261(a).

[^14]: *See* Amendment of Part 87 of the Commission's Rules to Establish
    Technical Standards and Licensing Procedures for Aircraft Earth
    Stations, *Report and Order,* PR Docket No. 90-315, 7 FCC Rcd 5895
    (1992) (*AES Order*).

[^15]: RTCA is an FAA-sponsored association of aeronautical
    organizations with diverse membership. Organized in 1935 as the
    Radio Technical Commission for Aeronautics, RTCA today includes over
    200 government, industry, and academic organizations from the United
    States as well as other nations, who seek technical solutions to
    problems involving the application of electronics and
    telecommunications to aeronautical operations. The findings of RTCA
    are in the nature of recommendations to all organizations concerned.
    While RTCA is not a government agency, its Special Committees act
    under the Federal Advisory Committee Act and its findings and
    recommendations are often adopted and turned into policy by
    government agencies.

[^16]: ICAO is an international body, operating under the auspices of
    the United Nations, that develops standards and recommended
    practices for international application in civil air navigation. Its
    recommendations, in part, serve as the basis for the Aviation Radio
    Service rules. *See* 47 C.F.R. § 87.1(a)(3).

[^17]: 47 C.F.R. §§ 87.131, 87.139(i).

[^18]: *NPRM*, 16 FCC Rcd at 19009 ¶ 7.

[^19]: *NPRM*, 16 FCC Rcd at 19009 ¶ 8.

[^20]: *Id.*

[^21]: *Id*. at 19009 ¶ 9.

[^22]: Honeywell Comments at 1-2; Rockwell Collins Comments at 2-3.

[^23]: *See* Honeywell Comments at 2; Rockwell Collins Comments at 3.

[^24]: *Id.*

[^25]: Honeywell suggests a revision to n.8 of 47 C.F.R. § 87.131 that
    goes beyond merely clarifying that the reference point for the power
    measurement is at the level of input to the antenna subsystem. In
    particular, Honeywell seeks to revise the second sentence of the
    footnote and to add a third sentence, which collectively would read
    as follows: "The maximum EIRP generated by the maximum power into
    the antenna port and the maximum designed antenna gain may not
    exceed 2000 watts. The maximum average output power under
    closed-loop gain control may not exceed 630 watts." Honeywell
    Comments at 2. We decline to adopt this proposed language because we
    find it unnecessary to clarify the rule beyond indicating that the
    proper reference point for the power measurement is after the
    diplexer; moreover, Honeywell's explanation for this proposed
    language is unclear. Honeywell does not explain, for example, its
    derivation of the proposed 630-watt limitation.

[^26]: *See AES Order*, 7 FCC Rcd at 5898 ¶ 19.

[^27]: Honeywell, Rockwell Collins and Inmarsat support this action.
    *See* Honeywell Comments at 2-3; Rockwell Collins Comments at 3-4;
    Inmarsat Reply Comments at 1.

[^28]: Minimum Operational Performance Standards for Geosynchronous
    Orbit Aeronautical Mobile Satellite Services (AMSS) Avionics, Change
    No. 1 to RTCA/DO-210D (RTCA, Inc. 2000).

[^29]: Honeywell Comments at 3; Rockwell Collins Comments at 4. Note 5
    specifies, with respect to the frequency bands 1610.6-1613.8 MHz,
    1626.5-1660 MHz, and 1660-1660.5 MHz, that the specified attenuation
    level is not applicable to intermodulation products. Note 6
    specifies that, with respect to the 1626.6-1660 MHz and 1660-1660.5
    MHz bands, the upper limit for the excess power for any narrow-band
    spurious emission (excluding intermodulation products) within a 30
    kHz measurement bandwidth shall be 10 dB above the power limit
    specified in the table.

[^30]: Honeywell Comments at 2-3; Rockwell Collins Comments at 4.

[^31]: Honeywell Comments at 4.

[^32]: Mobile Satellite Service is a radio communication service between
    mobile earth stations and one or more space stations. *See* 47
    C.F.R. § 2.1. A mobile earth station is an earth station intended
    for use while in motion or during halts at unspecified points. *See*
    47 C.F.R. § 25.201.

[^33]: *See* Amendment of Parts 2 and 22 of the Commission's Rules
    Relative to Cellular Communications Systems, *Report and Order*,
    Gen. Docket Nos. 84-1231, 84-1233, 84-1234, 2 FCC Rcd 1825, 1844-45
    ¶¶ 154-155 (1986) (*MSS Allocation Order*).

[^34]: The priority and real-time preemptive access accorded to the
    AMS(R)S in the 1549.5-1558.5 MHz and 1651-1660 MHz bands is
    reflected in footnote US308 to the Section 2.106 Table of Frequency
    Allocations. 47 C.F.R. § 2.106 n.US308.

[^35]: *See* *MSS Allocation Order,* 2 FCC Rcd at 1844-45 ¶¶ 154-155
    (1986).

[^36]: *See* 47 C.F.R. § 87.187(q). The 1545-1559 MHz band is allocated
    for space-to-Earth transmission, while the 1646.5-1660.5 MHz band is
    allocated for Earth-to-space transmission.

[^37]: *See* International Telecommunication Union *Radio Regulations*,
    Volume 1, Geneva, 2001, ISBN 92-61-09361-2 (ITU *Radio Regulations*)
    n.5.367; 47 C.F.R. § 2.106 n.5.367. While the 5150-5250 MHz band and
    the 15.4-15.7 GHz band had also been allocated domestically to
    AMS(R)S on a primary basis, the Commission deleted those AMS(R)S
    allocations in early 2002, following the recommendation of the 1995
    World Radiocommunication Conference (WRC-95). *See* Amendment of
    Parts 2, 25 and 97 of the Commission's Rules with Regard to the
    Mobile-Satellite Service Above 1 GHz¸ *Report and Order*, ET Docket
    98-142, 17 FCC Rcd 2658, 2660 ¶ 3 (2002).

[^38]: *See* 47 C.F.R. § 25.202(a).

[^39]: *See* 47 C.F.R. §§ 2.106 n.US308, 87.187(q), 87.189(d).

[^40]: *NPRM*, 16 FCC Rcd at 19010 ¶ 11.

[^41]: *Id*.

[^42]: *Id*. at 19010 n.24.

[^43]: *See* ARINC/ATA Comments at 7-8; Boeing Comments at 5-7; FAA
    Comments at 1, 3; Globalstar Reply Comments at 3-8; Rockwell Collins
    Comments at 5.

[^44]: FAA Comments at 1, 3; ARINC/ATA Comments at 7-8; Rockwell Collins
    Comments at 5.

[^45]: Boeing Comments at 5-7; Globalstar Reply Comments at 3-8; Boeing
    Reply Comments at 2-6.

[^46]: Amendment of Parts 2, 25, and 87 of the Commission\'s Rules to
    Implement Decisions from World Radiocommunication Conferences
    Concerning Frequency Bands Between 28 MHz and 36 GHz and to
    Otherwise Update the Rules in this Frequency Range, *Notice of
    Proposed Rule Making*, ET Docket No. 02-305, 17 FCC Rcd 19756
    (2002).

[^47]: *Id*., 17 FCC Rcd at 19763 ¶¶ 17-18. The Commission has held that
    AMS(R)S may be provided in any frequency band in which there is an
    allocation for generic MSS since AMS(R)S is viewed as a subcategory
    of MSS. *See* *2 GHz Band Order*, 15 FCC Rcd at 16154-55 ¶¶ 62, 64.

[^48]: In the past, the L-band referred to the spectrum between 1 and 2
    GHz. *See MSS Allocation Order*, 2 FCC Rcd at 1861 n.6. Here,
    however, references to the L-band are intended to cover only the
    bands allocated to AMS(R)S and/or MSS between 1545 MHz and 1660.5
    MHz.

[^49]: *NPRM*, 16 FCC Rcd at 19010 ¶ 11.

[^50]: *See* 47 C.F.R. § 87.261(a).

[^51]: *See* 14 C.F.R. §§ 121.99, 121.125.

[^52]: *See* Amendment of Part 87 to Clarify the Aeronautical Enroute
    Station Rules and Provide Two Additional Frequencies for Use by
    Small Aircraft Operating Agencies, *Report and Order*, PR Docket
    80-243, 87 FCC 2d 382, 384 ¶ 9 (1981) (*Aeronautical Enroute Order*
    or *1981 Order* ).

[^53]: *Id.*

[^54]: *Id.* ARINC's principal stockholders as well as principal
    customers are the U.S. scheduled airlines, but it provides its
    services to all aircraft operators, including foreign airlines,
    business entities and private individuals.

[^55]: Functionally, U.S. aeronautical enroute stations can be
    classified in two basic categories, network stations and local area
    stations. A network consists of a group of interconnected (via
    private lines and/or microwave circuits) enroute stations operating
    on the same frequency and serving a given flight route.
    Alternatively, numerous other licensed enroute stations sharing the
    same frequency band are not part of an enroute network; these
    off‑net VHF stations provide local area service and are usually
    located at an airport.

[^56]: 47 C.F.R. § 87.261(c). In Alaska, one aeronautical enroute
    station licensee in the domestic service and one aeronautical
    enroute station licensee in the international service may be
    authorized at any one location. Location for the purposes of this
    rule is defined as "the area which can be adequately served by the
    particular station." *Id.*

[^57]: *Aeronautical Enroute Order*, 87 FCC 2d at 386 ¶ 16.

[^58]: *Id.* at 386-87 ¶ 17.

[^59]: *See* Rules and Policies on Foreign Participation in the U.S.
    Telecommunications Market, *Report and Order and Order on
    Reconsideration*, IB Docket 97-142, 12 FCC Rcd 23891, 23939 ¶ 110
    (1997) (*WTO Proceeding*).

[^60]: *See* *NPRM*, 16 FCC Rcd at 19012 ¶ 15, and SITA pleadings cited
    therein.

[^61]: *WTO Proceeding,* 12 FCC Rcd at 23942 ¶ 118.

[^62]: *NPRM*, 16 FCC Rcd at 19013 ¶ 16.

[^63]: *See id*.

[^64]: ARINC/ATA Comments at 3-8, 14-17; ARINC/ATA Reply Comments at
    4-5.

[^65]: ARINC/ATA Comments at 8-14.

[^66]: *Id*. at 11-12.

[^67]: *Id*. at 17-19.

[^68]: In its comments, SITA contends that, in addition to imposing
    specific nondiscrimination obligations on ARINC, the Commission
    should ensure that ARINC's frequency coordination role is
    independent of its service provider operations by requiring
    Aeronautical Radio, Inc., the ARINC subsidiary that performs
    frequency coordination, to be governed by an independent Board of
    Directors consisting of aircraft operator representatives and
    excluding any representatives or officers of service providers that
    use aeronautical enroute spectrum. SITA Comments at 6. In its reply
    comments, however, SITA presses only for the codification of
    nondiscrimination obligations. *See* SITA Reply Comments at 2-6.

[^69]: *Id.*

[^70]: ARINC/ATA Comments at 8 ("Satisfying requests for new frequency
    assignments can require significant coordination efforts by ARINC,
    including changing existing frequency assignments, but all requests
    that satisfy the appropriate requirements are met.").

[^71]: SITA Comments at 3 & n.6; SITA Reply Comments at 4.

[^72]: While SITA correctly notes that the Commission typically has
    imposed nondiscrimination requirements on frequency coordinators and
    band managers, it is also true that the Commission has not always
    codified those requirements. For example, nondiscrimination and
    other requirements for 700 MHz guard band managers were codified.
    *See* 47 C.F.R.§ 27.603. However, nondiscrimination requirements for
    the frequency coordinators of Part 90 private land mobile radio
    services have not been codified, but were set forth as a
    non-codified policy in the text of a rulemaking order. *See*
    Frequency Coordination in the Private Land Mobile Radio Services,
    *Report and Order*, PR Docket No. 83-737, 103 FCC 2d 1093, 1101-02 ¶
    18 (1986); *see also* 47 C.F.R. § 90.175.

[^73]: *See* Establishment of Rules Governing Procedures to Be Followed
    When Informal Complaints Are Filed by Consumers Against Entities
    Regulated by the Commission, *Memorandum Opinion and Order and
    Notice of Proposed Rule Making*, CI Docket No. 02-32, 17 FCC Rcd
    3919 (2002); *see also* 47 C.F.R. § 0.141. Alternatively, SITA could
    also seek redress through a petition for a declaratory ruling. *See*
    47 C.F.R. § 1.2.

[^74]: 47 C.F.R. § 87.109.

[^75]: Letter, dated August 17, 2000, from Jerry Wiles, Center Operation
    Manager, San Francisco ARINC, to FCC.

[^76]: *Id*.

[^77]: *NPRM*, 16 FCC Rcd at 19013-14 ¶ 18.

[^78]: *Id*. at 19014 ¶ 19.

[^79]: *Id*. at 19014 ¶ 20.

[^80]: ARINC/ATA Comments at 22-23.

[^81]: *Id*. ARINC/ATA further points out that, at these automated
    stations, all voice communications with aircraft are taped, and all
    data communications are also recorded. *Id*.

[^82]: *See* § 87.109 in Appendix A, *infra*.

[^83]: ARINC/ATA Comments at 22.

[^84]: *See* *International Standards and Recommended Practices,
    Aeronautical Telecommunications*, Annex 10 to the Convention on
    Civil Aviation, Vol. V, Aeronautical Radio Frequency Spectrum
    Utilization, Amendment No. 72, International Civil Aviation
    Organization, Montreal, 1997 (ISRP). Ordinarily, when the ICAO
    adopts International Standards and Recommended Practices, they are
    binding on the contracting countries. However, contracting countries
    were not required to implement 8.33 kHz channel bandwidths if their
    current channel spacing standards provide an adequate number of
    frequencies. ISRP at 6, ¶ 4.1.2.1. The United States continues to
    use 25 kHz channels.

[^85]: *See Plan for the 8.33 kHz Channel Spacing Implementation in
    Europe* (8.33 kHz Spacing Plan), Edition 2.0, European Civil
    Aviation Conference, Dec. 2, 1996 at 2.

[^86]: The implementing countries are Austria, Belgium, France, Germany,
    Luxembourg, the Netherlands, Switzerland and the United Kingdom.
    *Id.*

[^87]: *See* 47 C.F.R. §§ 87.39 (specifying that aircraft transmitters
    will be approved by the Commission based on the technical
    requirements set forth in subpart D of Part 87), 87.145(a)-(b)
    (specifying that only certified transmitters meeting FCC and FAA
    requirements may be used), 87.173(b) (listing assignable VHF
    frequencies on the basis of 25 kHz channel spacing).

[^88]: *See, e.g.*, Rockwell Collins, Inc., *Order*, 13 FCC Rcd 2954
    (WTB PSPWD 1998); Wulfsberg Electronic Division, *Order*, 15 FCC Rcd
    10992 (WTB PSWPD 2000).

[^89]: *NPRM*, 16 FCC Rcd at 19016 ¶ 24.

[^90]: *Id*.

[^91]: The NAS is the common network of U.S. airspace; air navigation
    facilities, equipment and services, airports or landing areas;
    aeronautical charts, information and services; rules, regulations
    and procedures; technical information; and manpower and material.
    This system includes system components shared jointly with the
    military. *Aeronautical Spectrum Planning for 1997-2010*, Doc. No.
    RTCA/DO-237 (1997).

[^92]: *NPRM*, 16 FCC Rcd at 19016 ¶ 25. We note that the Chief, Public
    Safety and Private Wireless Division, Wireless Telecommunications
    Bureau, has granted a waiver to Rockwell Collins so that it may
    obtain equipment certification of dual spacing transceivers, subject
    to the Commission's resolution of this issue in the instant
    rulemaking. *See* Rockwell Collins, Inc., Request for Waiver
    Concerning Certification of Aviation Transceivers Capable of
    Transmitting Outside the 108-137 MHz Civil Aviation Band and Waiver
    of Section 87.173(b) of the Commission's Rules Governing Assignable
    Carrier Frequencies in the Aviation Services, *Order*, 18 FCC Rcd
    1509 (WTB PSPWD 2003).

[^93]: *NPRM*, 16 FCC Rcd at 19016 ¶ 26.

[^94]: *Id*.

[^95]: *Id*. at 19017 ¶ 27.

[^96]: *Id*.

[^97]: *Accord* FAA Comments at 1, 4; ARINC/ATA Comments at 24; Rockwell
    Collins Comments at 6; Boeing Comments at 11-13.

[^98]: ARINC/ATA Comments at 24.

[^99]: *NPRM*, 16 FCC Rcd at 19016 ¶ 24.

[^100]: FAA Comments at 4; Boeing Comments at 12-13. Because we are not
    generally authorizing 8.33 kHz channel spaced transmissions in U.S.
    airspace, we see no need to amend Section 87.133 of the Rules, 47
    C.F.R. § 87.133, to specify a frequency tolerance for 8.33 kHz
    channel spacing transmitters, as proposed by Boeing. *See* Boeing
    Comments at 13. If 8.33 kHz channel spaced transmissions are
    authorized domestically in the future, we will address technical
    requirements for 8.33 kHz channel spaced transmitters at that time.
    In addition, we decline to adopt unrelated proposals to update
    Section 87.133 proposed by the FAA and Boeing. *See* FAA Comments at
    11; Boeing Comments at 13 n.26. However, we invite comment in the
    *FNPRM* on amending Section 87.133. *See* n.320, *infra*.

[^101]: 47 C.F.R. §§ 87.131, 87.133, 87.137, 87.139.

[^102]: *See* Amendment of Parts 2 and 87 of the Commission's Rules to
    Accommodate Advanced Digital Communications in the 117.975-137 MHz
    Band and to Implement Flight Information Services in the 136-137 MHz
    Band, *Report and Order*, WT Docket No. 00-77, 16 FCC Rcd 8226,
    8231-32 ¶¶ 13-14 (*136-137 MHz Order*), *reconsideration granted in
    part*, *Memorandum Opinion and Order*, WT Docket No. 00-77, 17 FCC
    Rcd 360 (2001).

[^103]: *136-137 MHz Order*, 16 FCC Rcd at 8232 ¶ 14.

[^104]: *Id*. However, the Commission determined not to designate the
    136-136.475 MHz band or any other spectrum for VDL-3 use
    exclusively. The Commission reasoned that "placing no restrictions
    on the types of digital technologies that may operate in the 136-137
    MHz band or, for that matter, the entire 117.975-137 MHz band will
    promote flexibility and efficiency during the transition to digital
    aviation communications systems." *Id*.

[^105]: *See, e.g.,* FAA Comments at 1 (stating that the FAA favors
    accommodating TDMA emissions in the VHF AMS(R)S band, but for VDL
    Modes 2 and 3 only); ARINC/ATA Comments at 23 (stating that "\[i\]f
    the FAA determines that further rule changes are needed to
    accommodate VDL Mode 3 for air traffic services," ARINC and ATA
    would support the adoption of such rules); Rockwell Collins Comments
    at 7 (stating that it supports accommodating TDMA emissions, but
    also believes the Commission could forego emission-by-emission
    determinations and simply "permit all waveforms as long as the
    transmitters meet the other applicable technical specifications").

[^106]: However, elsewhere we invite comment on a number of proposals by
    commenters regarding emission types, and we will therefore also
    invite further comment on the question of what, if any, additional
    rule amendments are required to fully accommodate VDL-3 and other
    systems employing TDMA technology. *See* ¶ 79, *infra*.

[^107]: FAA Comments at 1; ARINC/ATA Comments at 20.

[^108]: FAA Comments at 1.

[^109]: *Id*.

[^110]: *See* Letter, dated February 10, 2003, from D'wana R. Terry,
    Chief, Public Safety and Private Wireless Division, Wireless
    Telecommunications Bureau, to Fredrick R. Wentland, Acting Associate
    Administrator, Office of Spectrum Management, National
    Telecommunications and Information Administration (granting waiver
    of Section 87.173 of the Commission's Rules to permit the FAA to use
    frequency 122.275 MHz for air traffic control communications, in
    order to reduce congestion on air traffic control channels).

[^111]: ARINC/ATA Comments at 20.

[^112]: *Id*. ARINC/ATA specifically notes that the *Radio Regulations*
    and Annex 10 specify that flight safety messages, which include air
    traffic movement and immediate operational control messages, can be
    secondary only to distress ("Mayday") urgency messages, or to radio
    direction finding. *Id*. (citing ITU Radio Reg. S44.1; ICAO Annex
    10, vol. II, ¶ 5-1.8).

[^113]: The Civil Reserve Air Fleet is comprised of selected aircraft
    from U.S. airlines, which are contractually committed to support
    Department of Defense airlift requirements in national emergencies.
    The Civil Reserve Air Fleet has three main categories or segments:
    international, national and aeromedical evacuation. Assignment of
    aircraft to a particular segment depends on the nature of the
    requirement and the performance characteristics needed. *See* United
    State Air Force Fact Sheet on the Civil Reserve Air Fleet, at
    <http://www.af.mil/news/factsheets/Civil_Reserve_Air_Fleet.html>.

[^114]: *NPRM*, 16 FCC Rcd at 19017 ¶ 28. This may occur when the
    aircraft serve a military transport role in emergency conditions, or
    use military airfields in connection with the transport of \"VIP\"
    passengers, such as heads of state, or for emergency landings. *Id*.

[^115]: *See* 47 C.F.R. §§ 87.173(b), 87.475(b)(4)-(5).

[^116]: *See,* *e.g.,* Rockwell Collins, Inc., *Order*, 14 FCC Rcd 3340,
    3343 ¶ 6 (WTB PSPWD 1999).

[^117]: *NPRM*, 16 FCC Rcd at 19017 ¶ 29. We note that the Chief, Public
    Safety and Private Wireless Division, Wireless Telecommunications
    Bureau, has granted a waiver to Rockwell Collins so that it may
    obtain equipment certification of transceivers capable of
    transmitting on frequencies outside the civil aviation band, subject
    to the Commission's resolution of this issue in the instant
    rulemaking. *See* Rockwell Collins, Inc., Request for Waiver
    Concerning Certification of Aviation Transceivers Capable of
    Transmitting Outside the 108-137 MHz Civil Aviation Band and Waiver
    of Section 87.173(b) of the Commission's Rules Governing Assignable
    Carrier Frequencies in the Aviation Services, *Order*, 18 FCC Rcd
    1509 (WTB PSPWD 2003).

[^118]: *See* Section 87.147(f) in Appendix A, *infra*. We will not
    require applicants to certify that the equipment is to be used for
    the Civil Reserve Air Fleet. Although we have titled this section of
    the *Report and Order* "Certification of Equipment for the Civil
    Reserve Air Fleet" to mirror the title of the relevant section in
    the *NPRM*, the Commission did not propose in the *NPRM* to limit
    authorization of extended frequency range transceivers to use in the
    Civil Reserve Air Fleet, and Rockwell Collins has not explained why
    it supports such a limitation. Although it is conceivable that such
    a restriction might reduce the risk of unauthorized transmissions
    outside the civil aviation band, we believe that such risk is
    slight. We intend to revisit this issue if future experience
    suggests that the Civil Reserve Air Fleet limitation may be
    warranted.

[^119]: *See* Rockwell Collins Comments at 8.

[^120]: *See* Rockwell Collins, Inc., *Order*, 14 FCC Rcd 3340, 3345 ¶
    10 (WTB PSPWD 1999); *see also* Rockwell Collins Comments at 7
    (authorization of such extended frequency range transceivers will
    not cause harmful interference to other users of the 137-152 MHz
    band because aeronautical VHF communications are highly regulated
    and are restricted to communications with authorized ground
    stations, and flight crews are trained to select frequencies only
    from current published frequency tables, charts and databases).

[^121]: *See* *NPRM*, 16 FCC Rcd at 19017 ¶ 29.

[^122]: 47 C.F.R. § 87.147(d).

[^123]: *Id*.

[^124]: 47 C.F.R. § 87.147(d)(2).

[^125]: *Id*.

[^126]: *NPRM*, 16 FCC Rcd at 19018 ¶ 31.

[^127]: *Id*.

[^128]: ARINC/ATA, Rockwell Collins, and Boeing argue that requiring
    sequential FAA and FCC review would not streamline the process;
    rather, it would prolong the certification process. ARINC/ATA
    Comments at 26; Rockwell Collins Comments at 8-9; Boeing Comments at
    15-16. Rockwell Collins adds, "In an economy where getting products
    to market quickly is extremely important, allowing simultaneous
    review by the FAA and FCC will reduce the total time to processing
    an equipment certification application." Rockwell Collins Comments
    at 9.

[^129]: ARINC/ATA states that the twenty-one day period specified in
    Section 87.147(d)(2) ensures that applicants can reasonably estimate
    the amount of time the application process will take. ARINC/ATA
    Comments at 26.

[^130]: *See generally* ARINC/ATA Comments at 26; Rockwell Collins
    Comments at 8-9; Boeing Comments at 15-16.

[^131]: The FAA contends that a major drawback in the current process of
    simultaneous review of the equipment by the two agencies is the
    possibility of the FAA not receiving notification or otherwise
    becoming aware of the application to the FCC for certification. FAA
    Comments at 1, 4. It believes that the proposed revision of the
    process, if adopted, would address this problem. *Id.* at 1. The FAA
    adds that "\[s\]ince the FAA is to review each application in the
    subject frequency bands even under the current process, there should
    be no additional delay in processing and no additional burden to the
    FAA." *Id*. at 4.

[^132]: 47 C.F.R. § 87.147(d).

[^133]: *See* FAA Comments at 14-15.

[^134]: The previously omitted frequency bands that are now being added
    to Section 87.147(d)(3) are 90-110 kHz, 190-285 kHz, 325-435 kHz and
    1545-1559 MHz.

[^135]: It should be noted that we also believe that better coordination
    between the FCC and the FAA would improve the equipment
    certification process. Therefore, we intend, in consultation with
    the FAA, to begin exploring the feasibility of creating a data link
    between the agencies that would reduce our reliance on the
    applicants to provide timely notification to the FAA and perhaps
    automate the process by which the FAA provides its determinations of
    NAS compatibility to the Commission.

[^136]: *NPRM*, 16 FCC Rcd at 19018 ¶ 32.

[^137]: *See* 47 C.F.R. § 87.27(a).

[^138]: *NPRM*, 16 FCC Rcd at 19018 ¶ 32.

[^139]: ARINC/ATA supports extending the license term because it will
    reduce the administrative burden on licensees and the Commission of
    filing and processing renewal applications. ARINC/ATA Comments at
    19. However, the FAA opposes the proposal, recommending that the
    five-year license term be retained, perhaps with an adjustment to
    the licensing fee, but does not elaborate. FAA Reply Comments at 1.

[^140]: *See, e.g*., 1998 Biennial Regulatory Review -- 47 C.F.R. Part
    90 -- Private Land Mobile Radio Services, *Report and Order and
    Further Notice of Proposed Rule Making*, WT Docket No. 98-182 and PR
    Docket No. 92-235, 15 FCC Rcd 16673, 16678 ¶ 10 (2000) (*Part 90
    Biennial Review*) (extending the license term for all private land
    mobile radio licenses to ten years); Reorganization and Revision of
    Parts 1, 2, 21, and 94 of the Rules to Establish a New Part 101
    Governing Terrestrial Microwave Fixed Radio Services, *Report and
    Order*, WT Docket No. 94-148 and CC Docket No. 93-2, 11 FCC Rcd
    13449, 13459 ¶ 20 (1996) (extending the license term for all Part
    101 fixed microwave service licenses to ten years); Amendment of
    Parts 80, 87 and 94 of the Commission's Rules Governing the Private
    Radio Services, Report and Order, PR Docket No. 93-39, 8 FCC Rcd
    8716 ¶ 3 (1993) (extending the license term for ship and aircraft
    station licenses to ten years); Amendment of Part 95 of the
    Commission's Rules to Provide Regulatory Flexibility in the 218-219
    MHz Service, *Report and Order and Memorandum Opinion and Order*, WT
    Docket No. 98-169, 15 FCC Rcd 1497, 1516 ¶ 27 (1999) (extending the
    license term for all 218-219 MHz Service licenses to ten years);
    Policy and Rules for the Direct Broadcast Satellite Service, *Report
    and Order*, IB Docket No. 98-21, 17 FCC Rcd 11331, 11351 ¶ 39 (2002)
    (extending the license term for non-broadcast Direct Broadcast
    Satellite Service licenses to ten years).

[^141]: *See* 47 C.F.R. § 87.27.

[^142]: *See* 47 C.F.R § 80.25(b) (as amended by Amendment of the
    Commission's Rules Concerning Maritime Communications, *Fourth
    Report and Order and Third Further Notice of Proposed Rule Making*,
    PR Docket No. 92-257, 15 FCC Rcd 22585 (2000) (*Maritime Fourth
    Report and Order*)).

[^143]: *NPRM*, 16 FCC Rcd at 19018 ¶ 33. *See* 47 C.F.R. § 87.45.
    Radionavigation land stations are land stations that assist with
    navigation using radiodetermination. *See* 47 C.F.R. § 87.5.

[^144]: *See Part 90 Biennial Review,* 15 FCC Rcd at 16679 ¶ 12;
    *Maritime Fourth Report and Order*, 15 FCC Rcd at 22600 ¶ 27.

[^145]: 47 C.F.R. § 87.45.

[^146]: 47 C.F.R. § 1.946.

[^147]: Acceptable emission types are set forth at 47 C.F.R. § 87.131
    using codes defined at 47 C.F.R. § 2.201.

[^148]: *NPRM*, 16 FCC Rcd at 19019 ¶ 34.

[^149]: *Id*.

[^150]: *Id*.

[^151]: The FAA joins ARINC/ATA in supporting the addition of emission
    type J2D for HF operations. FAA Comments at 1; ARINC/ATA Comments at
    25.

[^152]: *See, e.g.,* Amendment of Section 90.20(e)(6) of the
    Commission's Rules to Revise the Authorized Duty Cycle on 173.075
    MHz, *Report and Order*, WT Docket No. 01-97, 17 FCC Rcd 16938,
    16944 ¶ 13 (2002) (amending Rules to permit increased duty cycle for
    stolen vehicle recovery systems, and noting that operations using
    the new duty cycle pursuant to waiver had produced no reports of
    interference).

[^153]: 47 C.F.R. § 87.131.

[^154]: ARINC/ATA Comments at 25.

[^155]: 47 C.F.R § 87.137.

[^156]: ARINC/ATA Comments at 25.

[^157]: Rockwell Collins Comments at 9.

[^158]: *Id*.

[^159]: Inmarsat Reply Comments at 1.

[^160]: *Id*.

[^161]: *See* ¶ 78, *infra*.

[^162]: Specifically, the CAP is the subject of Subpart R of Part 87, 47
    C.F.R. §§ 87.501-87.503, and is also referenced in 47 C.F.R. §§
    87.5, 87.25(f), 87.133(c), 87.145(c), 87.169, 87.171, 87.173(b), and
    95.655(a).

[^163]: *NPRM*, 16 FCC Rcd at 19019 ¶ 35.

[^164]: FAA Comments at 2.

[^165]: *See* ¶ 84, *i**nfra*.

[^166]: The station class codes are listed in 47 C.F.R. § 87.171.

[^167]: *NPRM*, 16 FCC Rcd at 19019-20 ¶ 36.

[^168]: *Id*.

[^169]: An RCO is an unmanned communications facility remotely
    controlled by air traffic personnel.

[^170]: A GCO is an unstaffed, remotely controlled, ground-to-ground
    communications facility.

[^171]: An RPC is a facility specifically authorized to control the
    movement of aircraft in the defined ramp or apron area of an
    airport.

[^172]: An RLD is a land station operating radar or testing the
    operations of radar.

[^173]: An RNV is equipment (airborne and ground) used to measure the
    slant range distance from the Distance Measuring Equipment (DME)
    navigational aid.

[^174]: The IRAC is composed of representatives appointed by
    twenty-three member federal departments and agencies. A
    representative appointed by the Commission to serve in that capacity
    effects liaison between the IRAC and the FCC. The IRAC serves in an
    advisory capacity pertaining to the allocation, management, and use
    of the radio spectrum. The IRAC advises the Assistant Secretary for
    Communications and Information, U.S. Department of Commerce, and
    reports to the Deputy Associate Administrator, Office of Spectrum
    Management.

[^175]: *NPRM*, 16 FCC Rcd at 19020 ¶ 36.

[^176]: *Id*.

[^177]: *Id*.

[^178]: The FAA supports adding the five proposed station class codes
    (FAA Reply Comments at 1), plus another new station class code or
    codes for Universal Access Transceiver (UAT) stations. FAA Comments
    at 15 (supporting multiple station class codes for ground, airborne,
    and vehicular UAT stations). As discussed in greater detail
    elsewhere, the FAA and UPS proposals to add UAT stations to the
    station class codes are made in conjunction with their proposals to
    amend the Rules to accommodate UAT operations on the frequency 978
    MHz. *See* ¶ 77, *infra*.

[^179]: *NPRM*, 16 FCC Rcd at 19020 ¶ 36.

[^180]: *See* ¶ 77, *infra*.

[^181]: The FAA, joined by UPS, also supports removing station class
    codes from Part 87 and referring to them only in the licensing
    process. *See* FAA Comments at 15; *see also* UPS Comments at 3. The
    FAA also states in its comments that "Station Classes are an
    integral part of the Government Master File records and cannot
    totally be eliminated for ground stations. If the FCC provides the
    type of service on proposals for ground equipment ... the FAA can
    add the appropriate station class to the NTIA record." FAA Comments
    at 2.

[^182]: 47 C.F.R. § 87.173(b).

[^183]: The FAA operates a GBAS called a Local Area Augmentation System
    (LAAS), which provides aircraft with increased location accuracy (to
    within ten meters). LAAS transmitters are placed within airports to
    provide specific GPS correction information for the landing area.

[^184]: The FAA also operates an SBAS called a Wide Area Augmentation
    System (WAAS). WAAS is composed of 24 ground reference stations in
    the United States. The SBAS stations compute their GPS-derived
    locations and compare them with their surveyed locations. A master
    station receives the data and sends corrections to aircraft via
    INMARSAT satellites, over the L1 frequency used by GPS (1575.42
    MHz).

[^185]: *See* Amendment of Part 87 of the Commission's Rules to Permit
    Automatic Operation of Aeronautical Advisory Stations (Unicoms),
    *Report and Order*, WT Docket 96-1, 14 FCC Rcd 3722, 3730-31 ¶¶
    20-22 (1999); 47 C.F.R.\
    87.475(e). Licensees are also providing DGPS in this band pursuant
    to developmental authority. *See* 47 C.F.R.\
    § 87.37.

[^186]: *See* NTIA\'s Manual of Regulations and Procedures for Federal
    Radio Frequency Management, January 2000 Edition, at 4-59, 4-94
    (NTIA Manual).

[^187]: *See* Letter, dated September 19, 2000 from George K. Sakai,
    Program Director for Spectrum Policy and Management, FAA, to Magalie
    Roman Salas, Secretary, Federal Communications Commission.

[^188]: 47 U.S.C. § 2.106.

[^189]: *NPRM*, 16 FCC Rcd at 19021 ¶ 39. The Commission noted in the
    *NPRM* that a footnote of this kind is necessary because DGPS
    signals are data streams transmitted from either a fixed terrestrial
    location or from a satellite, while the 108-117.975 MHz band is
    allocated only to the Aeronautical Radionavigation Service. By
    definition, a data transmission is not considered a radionavigation
    application. Radionavigation must be accomplished by obtaining
    information by means of the propagation properties of radio waves.
    *Id*. at 19021 n.90 (citing 47 C.F.R. § 87.5).

[^190]: *Id*. at 19021-22 ¶ 40. Setting 118 MHz as the upper limit of
    the allocation constituted a rounding error which the Commission
    proposed to correct. *Id*.

[^191]: *Id*.

[^192]: *Id*. at 19022 ¶ 41.

[^193]: *Id*.

[^194]: *See* ARINC/ATA Comments at 21.

[^195]: The FAA and ARINC/ATA unequivocally support authorization of
    DGPS on a non-developmental basis in the 108-117.975 MHz and
    1559-1610 MHz bands. FAA Comments at 2; ARINC/ATA Comments at 20-21.

[^196]: Inasmuch as none of the commenters has challenged the FAA's
    determination that use of the 5000-5150 MHz band for DGPS is
    technically infeasible, or otherwise commented on our tentative
    conclusion regarding this matter, we will not authorize the use of
    DGPS in the 5000-5150 MHz band at this time.

[^197]: AFFCE Comments at 2.

[^198]: *Id*. at 2-3; Hammett & Edison Comments at 2-4.

[^199]: AFCCE Comments at 3; Hammett & Edison Comments at 2-3.

[^200]: Hammett & Edison Comments at 3.

[^201]: *Id*. at 4.

[^202]: The NTIA also supports an FCC requirement that DGPS receivers
    meet the ICAO standards for EMI immunity. See Letter, dated Sept.
    12, 2002, from Frederick R. Wentland, Associate Administrator,
    Office of Spectrum Management, NTIA, to Ed Thomas, Chief, Office of
    Engineering and Technology, FCC at 1.

[^203]: *See* Convention on International Civil Aviation (Chicago, IL, 7
    Dec 1944) Annex 10 Volume I paragraphs 3.6.8.2.2.8.2 and
    3.6.8.2.2.8.3, as amended.

[^204]: *See Spectrum Policy Task Force Report*, ET Docket No. 02-135,
    November 15, 2002; *see also* Interference Immunity Performance
    Specifications for Radio Receivers, *Notice of Inquiry*, ET Docket
    No. 03-65, 18 FCC Rcd 6039 (2003) (indicating that the Commission
    may rely to a greater extent on receiver standards, including in
    some cases mandatory receiver standards, to facilitate greater
    access to the spectrum resource).

[^205]: The EMI immunity requirements for DGPS receivers will be
    codified in a new Section 87.151 of the Commission's Rules, 47
    C.F.R. § 87.151. In addition, we are adding language to proposed
    footnote US343 to the Section 2.106 Table of Frequency Allocations
    to mandate that DGPS receivers comply with Resolution 413.
    Relatedly, we will add to the International column of the Table of
    Frequency Allocations for the bands 108-117.975 MHz and 1559-1610
    MHz the pertinent international footnotes adopted at WRC-03:
    footnote 5.197A for the band 108-117.975 MHz, and footnote 5.328B
    for the band 1559-1610 MHz.

[^206]: 47 C.F.R. § 87.215(b).

[^207]: Control towers provide air traffic control services to aircraft
    landing on, taking off from, and taxiing at an airport, as well as
    aircraft transiting an airport\'s traffic area. 47 C.F.R. §
    87.417(a).

[^208]: An RCO is an aeronautical radio station at a small uncontrolled
    airport located near a large airport with a control tower (a
    controlled airport). The RCO is connected via landlines to the
    control tower (or other FAA control facility), and enables the FAA
    to provide air traffic services to more airports and aircraft than
    would normally be served by the control facility alone. *See*
    Amendment of the Aviation Services Rules (Part 87) to Provide for
    the Licensing of Control Tower Remote Communications Outlet Stations
    at Airports Without Control Towers, *Order*, RM-6791, 5 FCC Rcd 4550
    (1990).

[^209]: A flight service station is part of a network of stations
    providing weather briefings and information on flight facilities,
    and monitoring the navigational radio net. John F. Welch, ed., Van
    Sickle\'s Modern Airmanship 737 (1981).

[^210]: 47 C.F.R. § 87.217(a)(1).

[^211]: 47 C.F.R. § 87.213(b)(1). In addition, some airports that do
    have an RCO or flight service station (FSS) are subject to the one
    unicom-per-airport limitation. The purpose of Section 87.215(b) is
    to prevent the licensing of more than one unicom at an uncontrolled
    airport in the interest of public safety. Accordingly, the rule's
    statement that the limitation does not apply to airports that have a
    control tower, FSS, or RCO is interpreted to mean only that the
    limitation does not apply to airports with a control tower, FSS, or
    RCO that effectively controls traffic at that airport. An airport
    with an FSS or RCO may nonetheless be deemed uncontrolled if the
    facility does not have the capacity to issue common traffic
    advisories. Multiple licensees are permitted only at those airports
    where there is no need for a specified common traffic advisory
    frequency (CTAF) or the air traffic control facility frequency
    serves as the CTAF. At airports with a unicom frequency as the
    published CTAF, the one unicom per airport limitation applies, even
    if the airport has an FSS or RCO. *See* Resort Aviation Services,
    Inc., *Hearing Designation Order*, WT Docket No. 02-179, 17 FCC Rcd
    12816, 12816 n.2 (WTB PSPWD 2002) (citing Reorganization and
    Revision of Part 87 of the Rules Governing the Aviation Services,
    *Notice of Proposed Rule Making*, PR Docket No. 87-214, 2 FCC Rcd
    4069, 4070 ¶¶ 11-12 (1987)).

[^212]: As of December 31, 2002, there were 19,572 airports in the
    United States. Control towers operated at 449 of these. There were
    76 FAA flight service stations, of which 60 were automated flight
    service stations. FAA Administrator\'s Fact Book at 16, 34 (June
    2003).

[^213]: *NPRM*, 16 FCC Rcd at 19023 ¶ 44.

[^214]: 47 C.F.R. § 87.217(a).

[^215]: *NPRM*, 16 FCC Rcd at 19023 ¶ 45.

[^216]: *Id*.

[^217]: *Id*. at 19023-25 ¶¶ 46-49.

[^218]: *Id*. at 19023 ¶ 46.

[^219]: *Id.* (citing 47 U.S.C. § 309(j)(2); Implementation of Sections
    309(j) and 337 of the Communications Act of 1934 as Amended, *Report
    and Order and Further Notice of Proposed Rule Making*, WT Docket No.
    99-87, 15 FCC Rcd 22709, 22715-17 ¶¶ 13-17 (2000) (*BBA Report and
    Order*)). Subsequent to the release of the *NPRM* in this
    proceeding, the Commission denied petitions for reconsideration of
    the *BBA Report and Order*. *See* Implementation of Sections 309(j)
    and 337 of the Communications Act of 1934 as Amended, *Memorandum
    Opinion and Order*, WT Docket No. 99-87, 17 FCC Rcd 7553 (2002),
    *petition for reconsideration pending*.

[^220]: 47 U.S.C. § 309(j)(6)(E).

[^221]: *NPRM*, 16 FCC Rcd at 19024 ¶ 48.

[^222]: *Id.*

[^223]: *Id*. at 19024 ¶ 49.

[^224]: ARINC/ATA argues that the congestion in the unicom frequencies
    stems primarily from the desire of unicom licensees and general
    aviation aircraft to operate on 100-kHz channels. ARINC/ATA Comments
    at 29. Both ARINC/ATA and the FAA believe that the answer to the
    frequency congestion problem is for the Commission to apply its
    existing rules to ensure that unicom frequencies are assigned with
    proper geographic separation. *Id*.; FAA Comments at 2.

[^225]: The Universal Licensing System, or ULS, is the Commission's
    electronic, interactive licensing system and database for wireless
    radio services. *See* Amendment of Parts 0, 1, 12, 22, 24, 26, 27,
    80, 87, 90, 95, 97, and 101 of the Commission\'s Rules to Facilitate
    the Development and Use of the Universal Licensing System in the
    Wireless Telecommunications Services, *Report and Order*, WT Docket
    No. 98-20, 13 FCC Rcd 21027 (1998), *recon.* 14 FCC Rcd 11476
    (1999).

[^226]: While the FAA, ARINC/ATA, and Boeing all oppose the use of
    competitive bidding procedures to license unicoms, (FAA Comments at
    2; ARINC/ATA Comments at 27-28; Boeing Comments at 16-20), they
    disagree on the licensing procedures that should be adopted in lieu
    of competitive bidding.

[^227]: *Cf*. Amendment of the Commission's Rules Concerning Maritime
    Communications, *Second Memorandum Opinion and Order and Fifth
    Report and Order*, PR Docket No. 92-257, 17 FCC Rcd 6685, 6712 ¶ 59
    (2002) (Coast Guard opposes use of competitive bidding to assign
    high seas public coast station frequencies because of, *inter alia*,
    the possible delay in licensing a replacement if a licensee
    discontinues operations). This is so even though the Rules provide
    for licensing of unicom stations on an interim basis during the
    period after a unicom has been abandoned or ceased operating and
    before a new licensee is selected through the normal licensing
    process. *See* 47 C.F.R.\
    § 87.215(c). There is no assurance that any party would be willing
    and able to operate the station on a stop-gap basis without
    assurance that it would ultimately win the regular license at
    auction.

[^228]: FAA Comments at 2.

[^229]: Boeing Comments at 21 n.45

[^230]: *See, e.g*., Amendments to Parts 1, 2, 27 and 90 of the
    Commission\'s Rules to License Services in the 216-220 MHz,
    1390-1395 MHz, 1427-1429 MHz, 1429-1432 MHz, 1432-1435 MHz,
    1670-1675 MHz, and 2385-2390 MHz Government Transfer Bands, *Report
    and Order*, WT Docket No. 02-8, 17 FCC Rcd 9980, 10008 ¶ 69
    (establishing renewal expectancy for licensees operating in the
    spectrum transferred from Government to non-Government use);
    Amendment of the Commission\'s Rules Regarding the 37.0-38.6 GHz and
    38.6-40.0 GHz Bands, *Report and Order and Second Notice of Proposed
    Rulemaking*, ET Docket No. 95-183, PP Docket No. 93-253, 12 FCC Rcd
    18600, 18626 ¶ 49 (1997) (establishing renewal expectancy for 39 GHz
    licensees); Amendment of the Commission's Rules to Establish New
    Personal Communications Services, *Second Report and Order*, GEN
    Docket No. 90-314, 8 FCC Rcd 7700, 7753 ¶ 130 (1993) (establishing
    renewal expectancy for PCS licensees).

[^231]: We will continue to require a renewal applicant to provide
    notice of the application to the owner of the airport and to all
    aviation service organizations located at the airport. *See* 47
    C.F.R. § 87.215(d).

[^232]: In the event of a challenge, a hearing will be designated to
    determine whether the licensee has complied with the Commission's
    Rules and has provided "substantial service," which we define as
    service that is "sound, favorable, and substantially above a level
    of mediocre service which might just minimally warrant renewal."
    This "substantial service" showing, as we define it here, has been
    used in other services. *See e.g*., 47 C.F.R. § 101.1011(a)
    (establishing that a renewal expectancy for a Local Multipoint
    Distribution Service licensee hinges on the licensee's ability to
    demonstrate substantial service). This determination will be made by
    reference to the criteria that are now used in comparative hearings
    for unicom licenses, including: (1) location of the station in
    relation to the landing area and traffic patterns; (2) hours of
    operation; (3) personnel available to provide unicom service; (4)
    experience of applicant and employees in aviation and aviation
    communications; (5) ability to provide information pertaining to
    primary and secondary communications as specified in § 87.257 of the
    Commission\'s Rules, 47 C.F.R. § 87.257; (6) proposed radio system
    including control and dispatch points; and (7) the availability of
    the radio facilities to other fixed‑based operators. *See, e.g*.,
    Resort Aviation Services, Inc., *Hearing Designation Order*, WT
    Docket No. 02-179, 17 FCC Rcd 12816 (WTB PSPWD 2002).

[^233]: ARINC/ATA supports reserving unicom frequencies at uncontrolled
    airports for municipalities and other government entities. ARINC/ATA
    Comments at 29. Similarly, Boeing favors according a preference to
    government and quasi-government entities. Boeing Comments at 21.

[^234]: *See* 47 U.S.C. § 337(f)(1)(B). In keeping with the statutory
    meaning, we will treat as public safety services for this purpose
    those services the sole or principal purpose of which is to protect
    the safety of life, health, or property. *See* 47 U.S.C. §
    337(f)(1)(A).

[^235]: In keeping with this eligibility restriction, incumbent
    licensees will be permitted to assign their licenses only to either
    government entities or their respective designees. In addition,
    applications that are pending when our new requirements take effect
    and which do not meet our new eligibility criteria, will be
    dismissed. Any such applicant whose application has been designated
    for hearing may obtain a refund of its hearing fee. *See* 47 C.F.R.\
    § 1.1113(b).

[^236]: In certain situations, we will consider requests for waivers of
    the requirement that a private sector applicant be designated by a
    government entity. Such consideration will be given in circumstances
    in which the private sector applicant can demonstrate convincingly
    that there is no relevant government entity from which it can obtain
    such a designation, or there are other practical difficulties to
    securing such a designation, or the waiver is otherwise warranted
    under Section 1.925 of the Commission's Rules, 47 C.F.R. § 1.925. We
    would consider there to be practical difficulties potentially
    warranting a waiver if the applicant can demonstrate, for example,
    that obtaining designation from a government entity would be
    prohibitively costly or would take too long. We do not here attempt
    to catalog exhaustively all the types of practical difficulties that
    may warrant waiver relief; we will review all waiver requests on a
    case-by-case basis, considering the particular circumstances of each
    case.

[^237]: *See* Boeing Comments at 21.

[^238]: We note, moreover, that airport owners are in many cases
    government entities.

[^239]: *See* Boeing Comments at 21. In any event, we believe that the
    licensing rules we adopt here preclude mutual exclusivity in the
    unicom licensing process.

[^240]: The South San Diego Uncontrolled Airspace Corridor Group
    consists of Government and non-Government entities who share a
    common concern regarding air safety in this area.

[^241]: *See* Letter, dated January 25, 2000, from FCC to Jeff Stone,
    Aviation Safety Manager, Air Operations Branch, U.S. Customs
    Service, San Diego, California. The geographical area is defined as:
    "Airspace located south of the San Diego Class B between Imperial
    Beach and Tecate:

    32-35-00 N. 117-12-00 W. to

    32-42-00 N. 116-56-00 W. to

    32-41-00 N. 116-41-00 W. to

    32-35-00 N. 116-38-00 W. to

    32-31-00 N. 117-11-00 W. and return."

[^242]: *See* 47 C.F.R. § 1.931.

[^243]: 47 C.F.R. § 87.187.

[^244]: *NPRM*, 16 FCC Rcd at 19025 ¶ 50.

[^245]: FAA Comments at 2.

[^246]: *See, e.g*., § 87.187(bb), (cc).

[^247]: *See* 14 C.F.R. § 119.3.

[^248]: *See* 14 C.F.R. § 119.53.

[^249]: 47 C.F.R. § 87.107.

[^250]: *NPRM*, 16 FCC Rcd at 19026 ¶ 51.

[^251]: FAA Reply Comments at 1.

[^252]: *NPRM*, 16 FCC Rcd at 19026 ¶ 54.

[^253]: *Id*. at 19026 ¶ 55.

[^254]: *Id.* at 19026-27 ¶ 56.

[^255]: *Id*. at 19027 ¶ 57.

[^256]: *Id*. at 19026 ¶ 54.

[^257]: FAA Reply Comments at 1.

[^258]: *See* 47 C.F.R. § 87.107(a)(2).

[^259]: *NPRM*, 16 FCC Rcd at 19026 ¶ 55.

[^260]: *Id*.

[^261]: *See* ¶ 91, *infra*.

[^262]: 47 C.F.R. § 87.173.

[^263]: *NPRM*, 16 FCC Rcd at 19027 ¶ 56.

[^264]: *See* Amendment of Parts 13 and 80 of the Commission's Rules
    Concerning Maritime Communications, *Report and Order and Further
    Notice of Proposed Rule Making*, WT Docket No. 00-48, 17 FCC Rcd
    6741, 6774 ¶ 85 (2002); *see also* Amendment of Part 95 of the
    Commission's Rules to Authorize the Use of 406.025 MHz for Personal
    Locator Beacons (PLB), *Report and Order*, WT Docket No. 99-366, 17
    FCC Rcd 19871 (2002) (authorizing PLBs on "406.0-406.1 MHz").

[^265]: TCAS is an airborne warning system designed to avert mid-air
    collisions. *See,* *e.g.,* Rockwell Collins, Inc., *Order*, 14 FCC
    Rcd 3340 (WTB PSPWD 1999).

[^266]: *NPRM*, 16 FCC Rcd at 19027 ¶ 57. The FAA, the only commenter to
    address this issue, agrees. FAA Comments at 2.

[^267]: 47 C.F.R. § 87.475(c)(2).

[^268]: *See* FAA Comments at 6, 10, 13, 22.

[^269]: *See id.* at 7.

[^270]: *See* ¶¶ 86-87, *infra*.

[^271]: *NPRM*, 16 FCC at 19027 ¶ 58 (footnote omitted).

[^272]: *Id*.

[^273]: We note that many parties already provided such detailed
    recommendations for amending Part 87 in their earlier comments.
    Other interested parties may wish to review these recommendations.

[^274]: 47 C.F.R. Parts 2, 87.

[^275]: UPS Comments at 1; FAA Comments at 3. Automatic Dependent
    Surveillance -- Broadcast (ADS-B) Service automatically broadcasts
    GPS-derived information on the location, velocity, altitude,
    heading, etc. of an ADS-B equipped aircraft to other ADS-B equipped
    aircraft and to ADS-B ground stations for distribution to air
    traffic control systems.

[^276]: UPS Comments at 1; FAA Comments at 3.

[^277]: *See* Minimum Aviation System Performance Standards for
    Automatic Dependent Surveillance Broadcast (ADS-B), RTCA/DO-242A
    (RTCA, Inc. 2002).

[^278]: Rockwell Collins Comments at 7; Inmarsat Reply Comments at 1.

[^279]: Rockwell Collins Comments at 10.

[^280]: *Id*. On November 19, 2002, Rockwell Collins submitted a request
    for a waiver of several Part 87 rules to allow certification of its
    aeronautical satellite communications transceiver type HST-900,
    which is intended to support Inmarsat's Swift64 service. Letter,
    dated November 15, 2002, from Linda C. Sadler, Director, Federal
    Affairs, Rockwell Collins, to D'wana R. Terry, Chief, Public Safety
    and Private Wireless Division, Federal Communications Commission;
    *see also* Wireless Telecommunications Bureau Seeks Comment on
    Waiver Request by Rockwell Collins, Inc. to Allow Certification of
    Aeronautical Satellite Communications Transceiver to Support
    Inmarsat's Swift64 Service, *Public Notice*, 18 FCC Rcd 3641 (WTB
    PSPWD 2003). The Public Safety and Private Wireless Division,
    Wireless Telecommunications Bureau, granted the waiver request
    effective April 21, 2003.

[^281]: Rockwell Collins Reply Comments at 2-3. These higher data rates,
    Rockwell Collins explains, could be achieved by using a low rate
    Binary Phase Shift Keying (BPSK) signaling channel at 3000 bits/sec
    and a 16-QAM (Quadrature Amplitude Modulation) modulation waveform
    at a 33.6 kHz symbol rate over the 1545-1559 MHz (receive) and
    1646.5-1660.5 MHz (transmit) frequencies. *Id*. at 3.

[^282]: Boeing Comments at 7-8.

[^283]: With TDMA or Frequency Division Multiple Access (FDMA)
    technology, Boeing explains, implementing a system of priority and
    preemption may require disruption or suspension of lower priority
    communications because these technologies divide bandwidth based on
    assigned frequencies, the availability of which is inherently
    limited. In contrast, a CDMA-based network allocates channel
    capacity based on available signal power rather than available
    frequencies. Thus, according to Boeing, in lieu of actually
    preempting lower priority signals, a CDMA-based network can permit a
    high priority communication to be transmitted at greater than normal
    power levels, thereby providing additional margins to ensure signal
    reliability. *Id*.

[^284]: *Id*. at 9. Boeing specifically proposes that the Commission
    amend 47 C.F.R. § 87.137(a) to include an emission designator for
    CDMA-based communications above 50 MHz (*e.g.*, 1M5G7W for a 1500
    kHz bandwidth), and to amend § 87.141(j) to indicate that
    transmitters employing CDMA may use either BPSK or QPSK modulations
    for the spreading code.

[^285]: *See* ¶ 32, *supra*.

[^286]: Boeing Comments at 3-4.

[^287]: *Id*. However, as Boeing also observes, ICAO has deferred
    consideration of formal adoption of these amendments until a new
    satellite system proposal is presented to ICAO for formal
    consideration. *Id*. at 4 n.9.

[^288]: *Id*. at 4 (citing Minimum Operational Performance Standards for
    Avionics Supporting Next Generation Satellite Systems (NGSS), RTCA
    DO-262 Change 1 (Nov, 28, 2001); Minimum Aviation System Performance
    Standards (MASPS) as Used in Aeronautical Data Links, DO-270 (Oct.
    12, 2001); and Minimum Operational Performance Standards for
    Avionics Supporting Next Generation Satellite Systems (NGSS), RTCA
    DO-262 (Dec. 14, 2000).

[^289]: *Id*.

[^290]: Boeing Comments at 9. We do not necessarily agree with Boeing's
    comments insofar as they suggest that the technical requirements for
    AES were developed primarily to accommodate the Inmarsat satellite
    system. However, it is true that these rules were established when
    there was a single satellite licensee in the L-band, the American
    Mobile Satellite Corporation (AMSC), and that the rules therefore
    may reflect certain assumptions regarding system operating
    parameters that do not apply to other satellite systems. *See AES
    Order*, 7 FCC Rcd at 5896 ¶ 9. AMSC, a consortium created at the
    Commission's directive, was granted an MSS license in 1989 and
    authorized to provide AMS(R)S as well as MSS under that license. At
    that time, the Commission mandated that AMSC incorporate into its
    overall system design minimum requirements for interoperability with
    international and other countries' satellite systems, and also
    required AMSC "to establish appropriate arrangements for handing off
    aeronautical traffic between its system and others, such as Canada's
    and INMARSAT's." *See* Amendment of Parts 2, 22 and 25 of the
    Commission's Rules to Allocate Spectrum for, and to Establish Other
    Rules and Policies Pertaining to the Use of Radio Frequencies in a
    Land Mobile Satellite Service for the Provision of Various Common
    Carrier; Applications of Global Land Mobile Satellite, Inc., et al.,
    *Memorandum Opinion, Order and Authorization*, Gen. Docket No.
    84-1234, 4 FCC Rcd 6041, 6055 ¶ 94 (1989).

[^291]: Boeing Comments at 9-10. Boeing identifies the following rules
    as among those that should be revised for this purpose: 47 C.F.R. §§
    87.131 (maximum power and emissions); 87.133(a)(7) (frequency
    tolerance); 87.137 (bandwidth); 87.141(j) (transmission rates); and
    87.145(d) (Doppler effect compensation).

[^292]: *Id.* at 10.

[^293]: ARINC/ATA Reply Comments at 7.

[^294]: *See* ¶¶ 15-16, *supra*.

[^295]: FAA Comments at 3 (stating that, in the 5000-5150 MHz band, "any
    AMS(R)S technical characteristics, including spurious emission, must
    be designed to give full protection to MLS in the band 5030-5150
    MHz"); Boeing Comments at 5 (stating that, in authorizing AMS(R)S in
    the 5000-5150 MHz band, the Commission should "stress the need to
    protect" MLS).

[^296]: Globalstar Reply Comments at 7.

[^297]: Boeing Comments at 5 (citing *2 GHz Band Order*, 15 FCC Rcd at
    16155 ¶ 64; The Boeing Company, Concerning Use of the
    1990-2025/2165-2200 MHz and Associated Frequency Bands for a
    Mobile-Satellite System, *Order and Authorization*, 16 FCC Rcd
    13691, 13704 ¶ 36 (IB 2001)); Boeing Reply Comments at 1-2.

[^298]: *Id*. Boeing states that there is no need to mandate priority
    and real-time preemptive access for AMS(R)S in the 2 GHz band.
    Boeing and Globalstar refer to the 1990-2025 MHz band as the
    relevant 2 GHz spectrum in this context because the 1990-2025 MHz
    band was allocated in its entirety to MSS when they filed their
    comments. Since the close of the pleading cycle in this proceeding,
    however, the Commission has reallocated the 1990-2000 MHz and
    2020-2025 MHz band segments for new fixed and mobile services,
    including Advanced Wireless Services. *See* Amendment of Part 2 of
    the Commission\'s Rules to Allocate Spectrum Below 3 GHz for Mobile
    and Fixed Services to Support the Introduction of New Advanced
    Wireless Services, Including Third Generation Wireless Systems,
    *Third Report and Order, Third Notice of Proposed Rulemaking and
    Second Memorandum Opinion and Order*, ET Docket No. 00-258, 18 FCC
    Rcd 2223, 2238 ¶ 28 (2003). Accordingly, only the 2000-2020 MHz band
    is now allocated to MSS. To avoid confusion, we refer to the "2 GHz
    band" throughout the discussion in the text, and here clarify that
    we are contemplating the possible allocation of only the 2000-2020
    MHz band for AMS(R)S.

[^299]: Globalstar Reply Comments at 6 n.7.

[^300]: *See 2 GHz Band Order*, 15 FCC Rcd at 16155 ¶ 64, and cases
    cited therein.

[^301]: *See* ¶ 47, *supra*.

[^302]: The frequencies in question are 2371 kHz, 2374 kHz, 4466 kHz,
    4469 kHz, 4506 kHz, 4509 kHz, 4582 kHz, 4585 kHz, 4601 kHz, 4604
    kHz, 4627 kHz, 4630 kHz, 26618.5 kHz, 26620 kHz, 26621.5 kHz, 143.75
    MHz, 143.9 MHz, and 148.15 MHz.

[^303]: At this time, we do not anticipate keeping the frequencies
    26618.5 kHz, 26620 kHz, 26621.5 kHz, 143.75 MHz, or 143.9 MHz in the
    Section 87.173 table because they allocated exclusively for
    Government use. In addition, the frequency 148.15 MHz is allocated
    for "Little LEO" uplinks, so we also anticipate removing that
    frequency.

[^304]: 47 C.F.R. § 87.187(x) (listing frequencies available for
    airborne radionavigation devices).

[^305]: 47 C.F.R. § 2.106.

[^306]: Boeing Comments at 14-15.

[^307]: The ITU *Radio Regulations* categorize the world into three
    regions. Region 1, covering Africa, Europe, and Northern and Western
    portions of Asia; Region 2, covering the Americas and Greenland; and
    Region 3, covering Southern portions of Asia, Australia and the
    South Pacific. See ITU *Radio Regulations* Article S5, Section I.

[^308]: Boeing observes that the Commission's International Bureau and
    the Office of Engineering and Technology have stated that they are
    unaware of any such use. Boeing Comments at 14 (citing The Boeing
    Company, Application for Blanket Authority to Operate Up to Eight
    Hundred Technically Identical Transmit and Receive Mobile Earth
    Stations Aboard Aircraft in the 14.0-14.5 GHz and 11.7-12.2 GHz
    Frequency Bands, *Order and Authorization*, 16 FCC Rcd 22645 (IB/OET
    2001)).

[^309]: *Id*. at 14-15.

[^310]: The designation of the 14000-14200 MHz band for radionavigation
    also appears in Part 80 of the Rules, and we propose to amend the
    Part 80 Rules, as well as the Part 87 Rules and Section 2.106, to
    remove the designation. We also propose, as a nonsubstantive
    measure, to remove no-longer-accurate designations of certain other
    frequency bands for radionavigation because the bands are no longer
    allocated for radionavigation, and the Section 2.106 Table of
    Frequencies already reflects that fact.

[^311]: FAA Comments at 15-16.

[^312]: 47 C.F.R. § 87.263(d).

[^313]: FAA Comments at 16.

[^314]: *See* ¶ 33, *supra*.

[^315]: *Id.*

[^316]: *Id*.

[^317]: 47 C.F.R. § 87.421.

[^318]: 118-121.4 MHz, 121.6-121.925 MHz, 123.6-128.8 MHz, and
    132.025-135.975 MHz.

[^319]: FAA Reply Comments at 2. Pursuant to 47 C.F.R. § 87.421(c), the
    121.6-121.925 MHz frequencies are already available to control
    towers and RCOs for communications with ground vehicles and aircraft
    on the ground. The FAA proposes to add the three other frequency
    bands to this paragraph.

[^320]: Commenters may also address our tentative conclusion that any
    updating of 47 C.F.R. § 87.133(a) that is needed to remove obsolete
    table entries and footnotes may be accomplished as a nonsubstantive
    editorial rule amendment that does not have to be the subject of
    notice and comment rulemaking processes. *See* n.100, *supra*.

[^321]: An ELT is a small transmitter carried by an aircraft that is
    activated automatically in the event of a crash. The ELT transmits
    signals to alert others of the distress situation and to assist
    search and rescue units in "homing-in" on the aircraft or vessel.
    *See* Amendment of Parts 80 and 87 of the Commission\'s Rules to
    Authorize Additional Types of Modulation for Emergency Position
    Indicating Radiobeacons and Emergency Locator Transmitters in the
    Maritime and Aviation Services, *Report and Order*, PR Docket No.
    87-133, 3 FCC Rcd 1027 ¶ 3 (1988).

[^322]: Letter, dated July 9, 2000, from D'wana R. Terry, Chief, Public
    Safety and Private Wireless Division, Federal Communications
    Commission, to Breitling U.S.A., Inc. (*Breitling Waiver Letter*).

[^323]: Letter, dated April 30, 2001, from Aaron M. Panner, counsel for
    Breitling, to D'wana R. Terry, Chief, Public Safety and Private
    Wireless Division, Federal Communications Commission.

[^324]: *See* 47 C.F.R. § 87.141(i).

[^325]: *See* 47 C.F.R. § 87.143(d)(4).

[^326]: *See* 47 C.F.R. § 87.147(a).

[^327]: *See* 47 C.F.R. § 87.147(b).

[^328]: The four conditions were: (1) the Breitling Emergency Watch
    could be sold only to licensed pilots; (2) the device could be
    operated only in aviation emergency situations; (3) the device could
    be sold and operated on a one-year trial basis subject to immediate
    termination at the request of the FAA if the device caused
    interference to other aviation communications; and (4) Breitling
    would have to provide records of all purchases, including pilot
    license number, to the FAA every month during the one-year test
    period, and otherwise make the records available to the Federal
    Government on request. *Breitling Waiver Letter* at 3-4.

[^329]: Breitling U.S.A., Inc., *Order*, 16 FCC Rcd 18560 (WTB PSPWD
    2001) (*Breitling Waiver Order*).

[^330]: *Id*. at 18561 ¶ 6. At Breitling's request, and again with the
    concurrence of the commenters, the condition that the device be sold
    only to licensed pilots was removed. *Id*. at 18562 ¶ 7.

[^331]: In addition to four rules cited in footnotes 324 through 327,
    *supra*, the *Breitling Waiver Order* waived Section 87.193 of the
    Rules, 47 C.F.R. § 87.193, which requires ELTs to be operated as
    part of an aircraft station or survival craft station. *Id*. at
    18562 ¶ 7.

[^332]: *See* Letter, transmitted via Feb. 26, 2002 facsimile, from
    Richard K. Peterson, Manager, Air Traffic Division, Great Lakes
    Region, Federal Aviation Administration, to Kim Kleppinger, Public
    Safety and Private Wireless Division, Wireless Telecommunications
    Bureau, Federal Communications Commission.

[^333]: 47 C.F.R. § 87.107(a).

[^334]: Federal Aviation Administration, *Order*, 17 FCC Rcd 13637 (WTB
    PSPWD 2002).

[^335]: *Id*. at 13639 ¶ 7.

[^336]: *Id*. at 13637 ¶ 3.

[^337]: *See* ¶ 72, *supra*.

[^338]: 47 C.F.R. § 87.107(a)(2).

[^339]: 47 C.F.R. § 87.107(a)(3).

[^340]: 47 C.F.R. § 87.395.

[^341]: 47 C.F.R. § 87.395(a).

[^342]: 47 C.F.R. § 87.395(b)(1).

[^343]: *See generally* 47 C.F.R. §§ 1.1202, 1.1203, 1.1206(a).

[^344]: The RFA, *see* 5 U.S.C. § 601 -- 612, has been amended by the
    Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA),
    Pub. L. No. 104-121, Title II, 110 Stat. 857 (1996).

[^345]: 5 U.S.C. § 605(b).

[^346]: 5 U.S.C. § 601(6).

[^347]: 5 U.S.C. § 601(3) (incorporating by reference the definition of
    "small-business concern" in the Small Business Act, 15 U.S.C. §
    632). Pursuant to 5 U.S.C. § 601(3), the statutory definition of a
    small business applies "unless an agency, after consultation with
    the Office of Advocacy of the Small Business Administration and
    after opportunity for public comment, establishes one or more
    definitions of such term which are appropriate to the activities of
    the agency and publishes such definition(s) in the Federal
    Register."

[^348]: 15 U.S.C. § 632.

[^349]: *See, e.g*., ¶ 27 (clarifying that sign-in and sign-out
    signatures are not required for automatic station logs and otherwise
    clarifying the log requirements); ¶ 31 (allowing certification of
    8.33 kHz channel spacing transmitters without a waiver); ¶ 33
    (providing for more flexible use of certain air traffic control
    frequencies); ¶ 35 (allowing certification of equipment that can
    operate both within and outside of the civil aviation bands); ¶ 37
    (eliminating 21-day waiting period before an equipment authorization
    application can be approved); ¶ 40 (extending the terms of
    non-aircraft station licenses from five to ten years); ¶ 41
    (extending the construction period for unicom and radionavigation
    land stations from eight months to one year); and ¶ 43 (authorizing
    use of an additional emission type), *supra*.

[^350]: *NPRM*, 16 FCC Rcd at 19040-41.

[^351]: *See* 5 U.S.C. § 801(a)(1)(A).

[^352]: *See* 5 U.S.C. § 605(b).

[^353]: *See* Electronic Filing of Documents in Rulemaking Proceedings,
    *Report and Order,* GC Docket No. 97-113, 13 FCC Rcd 11322 (1998).

[^354]: *See* 5 U.S.C. § 603. The RFA, *see* 5 U.S.C. § 601 *et. seq.*,
    has been amended by the Contract With America Advancement Act of
    1996, Pub. L. No. 104-121, 110 Stat. 847 (1996) (CWAAA). Title II of
    the CWAAA is the Small Business Regulatory Enforcement Fairness Act
    of 1996 (SBREFA).

[^355]: *See* 5 U.S.C. § 603(a).

[^356]: *Id*.

[^357]: 5 U.S.C. § 601(6).

[^358]: 5 U.S.C. § 603(b)(3).

[^359]: *Id*.

[^360]: 5 U.S.C. § 601(3).

[^361]: 5 U.S.C. § 632.

[^362]: 13 C.F.R. § 121.201, NAICS code 513322 (changed to 517212 in Oct
    2002).

[^363]: U.S. Census Bureau, 1997 Economic Census, Subject Series:
    Information, "Establishment and Firm Size (Including Legal Form of
    Organization)," Table 5, NAICS code 513322 (issued Oct. 2000).

[^364]: *Id.* The census data do not provide a more precise estimate of
    the number of firms that have employment of 1,500 or fewer
    employees; the largest category provided is "Firms with 1,000
    employees or more."

[^365]: 13 C.F.R. § 121.201, NAICS code 334220.

[^366]: Economics and Statistics Administration, Bureau of Census, U.S.
    Department of Commerce, 1997 Economic Census, Industry Series --
    Manufacturing, Radio and Television Broadcasting and Wireless
    Communications Equipment Manufacturing, Table 4 at 9 (1999). The
    amount of 500 employees was used to estimate the number of small
    business firms because the relevant Census categories stopped at 499
    employees and began at 500 employees. No category for 750 employees
    existed. Thus, the number is as accurate as it is possible to
    calculate with the available information.