**DA 08-2502**

**Released: November 13, 2008**

WIRELESS TELECOMMUNICATIONS BUREAU SEEKS COMMENT ON PETITION FOR
RULEMAKING BY THE NATIONAL TELECOMMUNICATIONS AND INFORMATION
ADMINISTRATION TO ALLOW AERONAUTICAL UTILITY MOBILE STATIONS TO USE 1090
MHZ FOR RUNWAY VEHICLE IDENTIFICATION AND COLLISION AVOIDANCE

RM-11503

## Comment Date: December 15, 2008 Reply Date: December 30, 2008

On July 29, 2008, the National Telecommunications and Information
Administration (NTIA) filed a petition for rulemaking requesting
amendments to Part 87 of the Commission\'s Rules[^1] to allow use of the
frequency 1090 MHz for runway vehicle identification and collision
avoidance. Specifically, the petition requests amendment of Sections
87.131 (power and emissions), 87.133(a)(7) (frequency stability),
87.137(a) (types of emissions), 87.173(b) (frequencies), 87.345
(aeronautical utility mobile station scope of service), and 87.349
(aeronautical utility mobile station frequencies) to designate the
frequency 1090 MHz for use by aeronautical utility mobile stations, with
limitations on, and technical requirements for, such use. We seek
comment on whether to initiate a rulemaking proceeding to consider the
rule changes requested by NTIA.

To address growing concerns about the potential for airplane and service
vehicle collisions on airport runways, the Federal Aviation
Administration (FAA) has introduced the use of airport surface detection
equipment. While air traffic controllers are currently utilizing this
technology to manage the movement of aircraft on the airport surface,
other vehicles such as snowplows, emergency vehicles and maintenance
vehicles that routinely operate on the runway movement area are not
currently monitored in the same manner, and therefore are not as quickly
identified by air traffic control (ATC). NTIA states the proposal would
allow ATC to identify service vehicles transiting within the runway
movement area and enhance ATC's ability to control both aircraft and
vehicle movement, thereby reducing the risk of aircraft colliding with
vehicles on the airport surface.

Frequency 1090 MHz is currently used for, among other things, the
following applications: air-to-ground communications in the Air Traffic
Control Radar Beacon System, a system of ground-based transmitters that
interrogate airborne transponders for secondary air traffic control
surveillance; and air-to-air communications in the Traffic Alert and
Collision Avoidance Systems, an airborne warning system designed to
avert mid-air collisions.[^2] NTIA states that use of this frequency
would expedite the development and deployment of vehicle identification
capabilities because aircraft are already equipped to transmit on 1090
MHz, so ATC facilities already are equipped to receive the signals.[^3]
The petition also states that an FAA analysis shows that the use of the
frequency by vehicles would not degrade the performance of the existing
systems, provided that certain limitations are imposed on vehicle
use.[^4]

Pursuant to Section 1.405, 47 C.F.R. § 1.405, interested parties may
file statements in support of or in opposition to the petition's request
to initiate a rulemaking proceeding to consider the above-described rule
changes on or before December 15**,** 2008. Parties interested in
submitting replies to such statements must do so on or before December
30**,** 2008. All statements in support of or in opposition to the
petition and replies to such statements should reference the petition
and RM-11503, and may be filed using: (1) the Commission's Electronic
Comment Filing System (ECFS), (2) the Federal Government's eRulemaking
Portal, or (3) by filing paper copies. *See Electronic Filing of
Documents in Rulemaking Proceedings*, 63 FR 24121 (1998).

-   Electronic Filers: Statements in support of or in opposition to the
    petition and replies to such statements may be filed electronically
    using the Internet by accessing the ECFS:
    http://www.fcc.gov/cgb/ecfs or the Federal eRulemaking Portal:
    http://www.regulations.gov. Filers should follow the instructions
    provided on the website for submitting comments.

-   For ECFS filers, in completing the transmittal screen, filers should
    include their full name, U.S. Postal Service mailing address, and
    the rulemaking number. Parties may also submit an electronic
    statement in support of or in opposition to the Petition and/or
    replies thereto by Internet e-mail. To get filing instructions,
    filers should send an e-mail to ecfs@fcc.gov and include the
    following words in the body of the message: "get form." A sample
    form and directions will be sent in response.

-   Paper Filers: Parties who choose to file by paper must file an
    original and four copies of each filing.

Filings can be sent by hand or messenger delivery, by commercial
overnight courier, or by first-class or overnight U.S. Postal Service
mail (although the Commission continues to experience delays in
receiving U.S. Postal Service mail). All filings must be addressed to:
Marlene H. Dortch, Office of the Secretary, Federal Communications
Commission, 445 12th Street, SW, Washington, DC 20554. Parties must also
serve one copy with the Commission's copy contractor, Best Copy and
Printing, Inc. (BCPI), Portals II, 445 12th Street, SW, Room CY-B402,
Washington, DC 20554, (202) 488-5300, or via e-mail to fcc@bcpiweb.com.

-   The Commission's contractor will receive hand-delivered or
    messenger-delivered paper filings for the Commission's Secretary at
    236 Massachusetts Avenue, NE, Suite 110, Washington, DC 20002. The
    filing hours at this location are 8:00 a.m. to 7:00 p.m. All hand
    deliveries must be held together with rubber bands or fasteners. Any
    envelopes must be disposed of before entering the building.

-   Commercial overnight mail (other than U.S. Postal Service Express
    Mail and Priority Mail) must be sent to 9300 East Hampton Drive,
    Capitol Heights, MD 20743.

-   U.S. Postal Service first-class, Express, and Priority mail should
    be addressed to 445 12th Street, SW, Washington, DC 20554.

Documents submitted in RM-11503**,** including the petition, will be
accessible via the Commission's ECFS (at: http://www.fcc.gov/cgb/ecfs)
by listing RM-11503 in the "Proceeding" search field. These documents
also will be available for public inspection and copying during business
hours at the FCC Reference Information Center, Portals II, 445 12th St.
SW, Room CY‑A257, Washington, DC 20554. The documents may also be
purchased from BCPI, telephone (202) 488-5300, facsimile (202) 488-5563,
TTY (202) 488-5562, e-mail fcc@bcpiweb.com.

People with Disabilities: To request materials in accessible formats for
people with disabilities (braille, large print, electronic files, audio
format), send an e-mail to fcc504@fcc.gov or call the Consumer &
Governmental Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (tty).

For further information, please contact Tim Maguire of the Wireless
Telecommunications Bureau, Mobility Division, at (202) 418-2155,
tim.maguire@fcc.gov.

\- FCC -

[^1]: 47 C.F.R. Part 87.

[^2]: The frequency band 960-1215 MHz is for the use of airborne
    electronic aids to navigation and directly associated land stations.
    *See* 47 C.F.R. §§ 87.187(n), 87.475(b)(6).

[^3]: While the frequency 978 MHz is currently permitted for use by
    aeronautical utility mobile stations, NTIA states that the
    development of equipment to receive 978 MHz and integrate it into
    the proposed system is not mature. *See* 47 C.F.R. § 87.349(e).

[^4]: The FAA analysis shows that there would be no adverse impact on
    the performance of existing systems if the number of vehicles
    transmitting on 1090 MHz is limited to two hundred units and the
    transmit power is limited to twenty watts. NTIA also proposes that
    frequency 1090 MHz be licensed for aeronautical utility mobile
    station use only by airport authorities or entities certified by the
    FAA, and that each application be coordinated with NTIA through the
    Interdepartment Radio Advisory Committee.