Small Entity Compliance Guide

**Air-Ground Telecommunications Services---**

**Commercial and General Aviation Air-Ground Radiotelephone Service---**

**DA 05-1364**

**WT Docket Nos. 03-103, 05-42**

> **This Guide is prepared in accordance with the requirements of
> Section 212 of the Small Business Regulatory Enforcement Fairness Act
> of 1996. It is intended to help small entities---small businesses,
> small organizations (non-profits), and small governmental
> jurisdictions---to comply with the new rule/s adopted in the
> above-referenced FCC rulemaking docket/s. This Guide is not intended
> to replace the rule/s and, therefore, final authority rests solely
> with the rule/s. Although we have attempted to cover all parts of the
> rule/s that might be especially important to small entities, the
> coverage may not be exhaustive. As a result, in any civil or
> administrative action against a small entity for a violation of a rule
> or rules, the content of the Small Entity Compliance Guide may be
> considered only as evidence of the reasonableness or appropriateness
> of proposed fines, penalties or damages. This Guide may not apply in a
> particular situation based upon the circumstances, and the FCC retains
> the discretion to adopt approaches on a case-by-case basis that may
> differ from this Guide, where appropriate. Any decisions regarding a
> particular small entity will be based on the statute and regulations.
> Interested parties are free to file comments regarding this Guide and
> the appropriateness of its application to a particular situation; the
> FCC will consider whether the recommendations or interpretations in
> the Guide are appropriate in that situation. The FCC may decide to
> revise this Guide without public notice to reflect changes in the
> FCC's approach to implementing a rule, or to clarify or update the
> text of the Guide. Direct your comments and recommendations, or calls
> for further assistance, to the FCC's Consumer Center:**

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Fax: 202-418-0232**

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Table of Contents

[I. Objectives of the Proceeding 3](#objectives-of-the-proceeding)

[II. Regulations and Policies That the Commission Modified
3](#regulations-and-policies-that-the-commission-modified)

[***A.* *800 MHz Air-Ground Radiotelephone Service*
3**](#mhz-air-ground-radiotelephone-service)

[**1. Available Air-Ground Radiotelephone Service Band Plans
3**](#available-air-ground-radiotelephone-service-band-plans)

[**i. Transition of Incumbent Station KNKG804
5**](#transition-of-incumbent-station-knkg804)

[**ii. Technical Standards 5**](#technical-standards)

[***B.* *400 MHz Air-Ground Radiotelephone Service*
5**](#mhz-air-ground-radiotelephone-service-1)

[***C.* *Revision of Part 22 Non-Cellular Rules*
5**](#revision-of-part-22-non-cellular-rules)

[**1. Scope and Authority---Authorization Required, General Eligibility,
and Definitions
5**](#scope-and-authorityauthorization-required-general-eligibility-and-definitions)

[**2. Licensing Requirements and Procedures
5**](#licensing-requirements-and-procedures)

[**i. Construction Prior to Grant of Application
5**](#construction-prior-to-grant-of-application)

[**ii. Computation of Distance 5**](#computation-of-distance)

[**iii. Computation of Terrain Elevation
5**](#computation-of-terrain-elevation)

[**iv. Amplitude Compandored Single Sideband Modulation (ASSB)
5**](#amplitude-compandored-single-sideband-modulation-assb)

[**3. Operational and Technical Requirements
5**](#operational-and-technical-requirements)

[**i. Channel Assignment Policy 5**](#channel-assignment-policy)

[**ii. Interference Protection 5**](#interference-protection)

[**iii. Emission Types and Emission Masks
5**](#emission-types-and-emission-masks)

[**iv. Standby Facilities 5**](#standby-facilities)

[**v. Directional Antennas 5**](#directional-antennas)

[**vi. Wave Polarization 5**](#wave-polarization)

[**vii. Access to Transmitters 5**](#access-to-transmitters)

[**viii. Replacement of Equipment 5**](#replacement-of-equipment)

[**ix. Auxiliary Test Transmitters 5**](#auxiliary-test-transmitters)

[**x. In-building Radiation Systems 5**](#in-building-radiation-systems)

[**4. Developmental Authorizations 5**](#developmental-authorizations)

[**i. Developmental Authorization of 43 MHz Paging Transmitters
5**](#developmental-authorization-of-43-mhz-paging-transmitters)

[**ii. Developmental Authorization of 928-960 MHz Fixed Transmitters
5**](#developmental-authorization-of-928-960-mhz-fixed-transmitters)

[**iii. Developmental Authorization of Meteor Burst Systems
5**](#developmental-authorization-of-meteor-burst-systems)

[**5. Paging and Radiotelephone Service Rules
5**](#paging-and-radiotelephone-service-rules)

[**i. Composite Interference Contour Over Water
5**](#composite-interference-contour-over-water)

[**ii. Nationwide Network Paging Channels
5**](#nationwide-network-paging-channels)

[**iii. Additional Channel Policies 5**](#additional-channel-policies)

[**iv. Provision of Rural Radiotelephone Service on Paging Channels
5**](#provision-of-rural-radiotelephone-service-on-paging-channels)

[**v. Transmission Power Limits 5**](#transmission-power-limits)

[**vi. Dispatch Service 5**](#dispatch-service)

[**vii. Channels for Point-to-Point Operation---Microwave Channels
5**](#channels-for-point-to-point-operationmicrowave-channels)

[**viii. ERP Limits 5**](#erp-limits)

[**ix. Channel Usage Reports 5**](#channel-usage-reports)

[**6. Rural Radiotelephone Service Rules---Channels for Basic Exchange
Telephone Radio Systems (BETRS)
5**](#rural-radiotelephone-service-ruleschannels-for-basic-exchange-telephone-radio-systems-betrs)

[**7. Offshore Radiotelephone Service Rules
5**](#offshore-radiotelephone-service-rules)

[III. Impact on Small Business 5](#impact-on-small-business)

[***A.* *Recordkeeping and Other Compliance Requirements*
5**](#recordkeeping-and-other-compliance-requirements)

[IV. Weblink 5](#weblink)

**COMPLIANCE REQUIREMENTS**

# Objectives of the Proceeding

The *Report and Order* revises the FCC's 800 MHz commercial Air-Ground
Radiotelephone Service rules and makes available for auction new
nationwide air-ground licenses in three band configurations. *See*
Amendment of Part 22 of the Commission\'s Rules to Benefit the Consumers
of Air-Ground Telecommunications Services, Biennial Regulatory
Review---Amendment of Parts 1, 22, and 90 of the Commission\'s Rules,
*Report and Order and Notice of Proposed Rulemaking*, 20 FCC Rcd 4403
(2005) (*Report and Order*)*.* (In the related *Notice of Proposed
Rulemaking*, the Commission seeks comment on rules for auction of the
new licenses, including small business bidding credits.)

The *Report and Order* also revises or eliminates many of the
Commission's Part 22 non-cellular rules in light of technological
change, increased competition in Commercial Mobile Radio Services,
supervening changes to the Commission's rules, or a combination of these
factors. These rule changes also include actions to harmonize the
treatment of various wireless services.

# Regulations and Policies That the Commission Modified

## 800 MHz Air-Ground Radiotelephone Service

### Available Air-Ground Radiotelephone Service Band Plans

The *Report and Order* will enable interested parties to bid on
nationwide air-ground licenses in three band configurations. Licenses
will have a ten-year term. [Licenses will be awarded to winning bidders
for the two licenses comprising the band plan that receives the highest
aggregate gross bid, subject to long-form license application
review]{.underline}.

**Band Plan 1**, two overlapping, shared, cross-polarized 3 MHz licenses
(**licenses A and B, respectively**). **Licenses A and B** would
authorize transmission of radio waves that are vertically and
horizontally polarized, respectively, and would initially share 1.5 MHz
at 849.000-850.500 MHz paired with 1.5 MHz at 894.000-895.500 MHz. Once
Verizon Airfone's incumbent system ceases operations in the upper 0.5
MHz of each band, licensee B would shift its operations to 1.5 MHz at
849.500-851.000 MHz paired with 1.5 MHz at 894.500-896.000 MHz. If
**Band Plan 1** is implemented, the parties may agree to a different
implementation scheme.

**Band Plan 2**, an exclusive 3 MHz license and an exclusive 1 MHz
license (**licenses C and D, respectively**). **License C** would be
located in the lower 1.5 MHz portion of each 2 MHz band (1.5 MHz at
849.000-850.500 MHz paired with 1.5 MHz at 894.000-895.500 MHz).
**License D** would be located in the upper 0.5 MHz portion of each 2
MHz band (0.5 MHz at 850.500-851.000 MHz paired with 0.5 MHz at
895.500-896.000 MHz).

**Band Plan 3**, an exclusive 1 MHz license and an exclusive 3 MHz
license (**licenses E and F, respectively**), with the blocks at
opposite ends of the band from the second configuration. **License E**
would be located in the lower 0.5 MHz portion of each 2 MHz band (0.5
MHz at 849.000-849.500 MHz paired with 0.5 MHz at 894.000-894.500 MHz).
**License F** would be located in the upper 1.5 MHz portion of each 2
MHz band (1.5 MHz at 849.500-851.000 MHz paired with 1.5 MHz at
894.500-896.000 MHz).

![](media/image1.wmf){width="6.303472222222222in"
height="5.332638888888889in"}

***Requirement To Provide Air-Ground Service*.** Licensees will be
required to provide service to airborne locations. Service may be any
type (*e.g.*, voice, data, broadband internet) and may be provided to
any or all aviation markets (*e.g.*, commercial, government, and
general). A licensee may not provide ancillary land mobile or fixed
services in this spectrum. Licensees may use any existing or future
technology that can fit within their assigned spectrum block.

***Eligibility Restriction*.** No party may obtain a controlling
interest, either at auction or by a post-auction transaction, in more
than 3 MHz of spectrum (either shared or exclusive) in the 800 MHz
air-ground band. Each of the three band configurations contains two
licenses and each includes at least one 3 MHz license. Accordingly, no
party may have a controlling interest in more than one license in the
band plan implemented as a result of the Commission's auction of new
air-ground licenses. For purposes of this eligibility restriction,
individuals and entities with either *de jure* or *de facto* control of
a licensee in the band will be considered to have a controlling interest
in the licensee. [*De jure* control]{.underline} is evidenced by
holdings of greater than 50 percent of the voting stock of a
corporation, or in the case of a partnership, general partnership
interests. [*De facto* control]{.underline} is determined on a
case-by-case basis.

The Commission will apply the definitions of "controlling interests" and
"affiliate" currently set forth in Sections 1.2110(c)(2) and
1.2110(c)(5) of the Commission\'s rules. *See* 47 C.F.R. §§
1.2110(c)(2), (5). These provisions define controlling interests and
affiliates for the purpose of determining auction applicants'
eligibility for small business provisions. Together with the other
provisions of Sections 1.2110(c)(2) and 1.2110(c)(5), these provisions
will ensure that no entity will hold a controlling interest in more than
3 MHz of spectrum (shared or exclusive) in the 800 MHz air-ground band.

***Requirement To File Spectrum Sharing Plan***. If **Band Plan 1**
(which is comprised of two overlapping 3 MHz licenses) is implemented,
the new licensees must:

-   Jointly file a spectrum sharing and site selection plan with the
    Wireless Telecommunications Bureau (Bureau) within six months of the
    initial grant of their spectrum licenses. (The Bureau will issue a
    public notice prior to the Commission's auction of new 800 MHz
    air-ground spectrum licenses in which it will specify the filing
    requirements for the plan.)

> **Note:** In the event that the parties determine that more than six
> months is required to prepare and file the plan, they may request an
> extension of the six-month period.

-   Notify the Bureau of any changes to the plan.

> **Note:** The parties may seek confidential treatment of the plan.
> *See, e.g.*, 47 C.F.R. § 0.459.

The Commission expects the parties to engage in good faith negotiations
in developing and implementing their spectrum sharing plan. If the two
licensees cannot agree on a spectrum sharing plan or if a dispute arises
under their initial or amended agreement, the Commission would encourage
them to use binding arbitration or other alternative dispute resolution
procedures. Alternatively, either party may request that the Commission
resolve major disputes by filing, for example, a petition for
declaratory ruling; the Commission would endeavor to resolve such
matters expeditiously.

***Spectrum Leasing, Partitioning and/or Disaggregation***. Future
licensees in the 800 MHz air-ground band, as well as other interested
parties, will have the opportunity to engage in spectrum leasing under
the Commission's rules. *See* 47 C.F.R. § 1.9005. Future licensees will
also be permitted to engage in partitioning and/or disaggregation of
their spectrum. *See* 47 C.F.R. §§ 1.948(e)-(f). New licensees also may
reconfigure their spectrum to accommodate multiple overlapping or
exclusive air-ground systems through spectrum leasing, partitioning,
disaggregation, or a combination of these mechanisms.

***Competitive Safeguards***. 800 MHz Air-Ground Radiotelephone Service
licensees are classified as commercial mobile radio service (CMRS)
providers and thus are subject to common carrier regulation under Title
II of the Communications Act. *See* 47 U.S.C. § 332(c)(1); 47 C.F.R. §§
20.9(a)(8), 20.15(a). Air-ground licensees are required to provide
service upon reasonable request, and their "charges, practices,
classifications, and regulations for and in connection with" service
must be just and reasonable. *See* 47 U.S.C. § 201(b). Air-ground
licensees also may not "make any unjust or unreasonable discrimination
in charges, practices, classifications, regulations, facilities, or
services for or in connection with a like communication service," and
may not afford any undue or unreasonable preference or advantage to any
person or class of persons. Accordingly, if an air-ground licensee were
to unreasonably discriminate in its service rates, terms, or conditions,
it could be subject to enforcement action by the Commission as well as a
complaint proceeding initiated pursuant to Section 208 of the
Communications Act. Sections 201 and 202 are enforced through the formal
complaint process established in section 208 of the Act, 47 U.S.C. §
208. Under Section 208, any aggrieved party may file a petition with the
Commission complaining of an alleged violation of these provisions.

#### Transition of Incumbent Station KNKG804

The *Report and Order* grants Verizon Airfone, the sole incumbent
currently operating in the 800 MHz air-ground band, a non-renewable
license for a five-year term.

[If **Band Plan 1 or 2** is the winning configuration at
auction]{.underline}, Verizon Airfone's incumbent system must cease
operations in the lower 1.5 MHz portion of each 2 MHz air-ground band
within twenty-four months of the initial date of grant of a new license.
Verizon Airfone may relocate its incumbent operations to the upper 0.5
MHz portion of each 2 MHz band (0.5 MHz at 850.500-851.000 MHz paired
with 0.5 MHz at 895.500-896.000 MHz) and may continue to operate under
the renewal authorization until the end of the five-year license term.

[If **Band Plan 3** is the winning configuration at
auction]{.underline}, Verizon Airfone's incumbent system must cease
operations in the upper 1.5 MHz portion of each 2 MHz air-ground band
within twenty-four months of the initial date of grant of a new license.
Verizon Airfone may relocate to the lower 0.5 MHz portion of each 2 MHz
band (0.5 MHz at 849.000-849.500 MHz paired with 0.5 MHz at
894.000-894.500 MHz) and may continue to operate under the renewal
authorization until the end of the five-year license term.

Verizon Airfone may reconfigure the narrowband channelization of its
existing system in the upper 0.5 MHz portion of each 2 MHz band (or
lower 0.5 MHz portion of each band if **Band Plan 3** is implemented)
any way it wants, including using control channel(s) of any authorized
bandwidth less than 6 kHz (not limited to 3.2 kHz as they were under the
former rules). If Verizon Airfone acquires a new spectrum authorization
as a result of competitive bidding, it could elect to continue its
incumbent operations under such new authorization.

***Reimbursement of Relocation Costs***. Verizon Airfone must bear any
costs for relocating its narrowband operations in the air-ground band at
the end of the twenty-four month transition period. A new air-ground
licensee could seek to negotiate and compensate Verizon Airfone to
relocate earlier than required by the terms of Verizon Airfone's new
license; Verizon Airfone, however, will not be obligated to engage in
such negotiations.

***Construction Requirements***. The Commission adopted a five-year
substantial service construction requirement for the new spectrum
licenses other than the 1 MHz spectrum licenses D and E. At the end of
the five-year construction period, a holder of spectrum licenses A, B,
C, or F must provide substantial service to aircraft. Substantial
service is defined as service that is sound, favorable, and
substantially above a level of mediocre service that would barely
warrant renewal. There are [two safe harbors]{.underline} that would
satisfy this substantial service obligation. [First]{.underline},
construction and operation of twenty base stations, with at least one
base station in each of the ten FAA regions at the five-year benchmark
would constitute substantial service. [Alternatively]{.underline}, the
construction and operation of base stations capable of serving the
airspace of at least twenty-five of the fifty busiest airports (as
measured by annual passenger boardings) at the five-year benchmark would
constitute substantial service. The Commission did not establish a
construction requirement for spectrum licenses D and E.

#### Technical Standards

The Commission adopted the minimal set of technical rules necessary to
implement the three alternative band plan configurations that will be
subject to auction. Generally, these rules provide licensees flexibility
to deploy any type of transmission technology, provided that the radio
emissions produced fit within a licensee's assigned spectrum. The new
technical rules limit only transmitting power and the power level of
unwanted emissions. Under the new rules, an air-ground licensee will be
allowed greater flexibility than under the current rules to deploy the
technologies, both now and in the future. For example, licensees could
utilize directional or smart antennas to increase capacity. As a general
matter, the new technical rules are crafted to allow sufficient power to
provide robust air-ground services, while limiting the potential for
harmful interference to services operating in adjacent spectrum.

***[Transmitting power limits]{.underline}***. The Commission concluded
that a ground station maximum power limit of 500 Watts effective
radiated power (ERP) and an airborne mobile station maximum power limit
of 12 Watts ERP will allow a licensee of a 3 MHz spectrum block to
deploy CDMA2000 1xEV-DO and/or FLASH-OFDM with an ample margin.
Installations will also be subject to the radiofrequency radiation
exposure limits rules set forth in Section 1.1310 of the Commission\'s
rules (47 C.F.R § 1.1310).

***[Interference to air-ground from adjacent services]{.underline}***.
Under current FCC rules, new air-ground systems should be able, through
careful ground station site selection, and through technical
coordination with the licensees in adjacent services, to build out their
systems. Potential licensees should plan on obtaining qualified
engineering advice regarding system design and ground station site
selection, taking fully into account the existing radio frequency
environment at candidate sites.

***[Interference to Cellular Block B]{.underline}***. The Commission
determined that applying standard Out-of-Band Emission (OOBE) rules will
be adequate to limit unwanted emissions between ground stations in the
air-ground service and base stations in the cellular service. Standard
OOBE rules also provide that the Commission may require greater
attenuation of unwanted emissions in the event it is necessary to
prevent interference to other services. The Commission also concluded
that OOBE limits and the distance separation make it likely that the
mobile units in these two services will continue to operate in adjacent
spectrum without harmful interference problems. Nevertheless, if an
air-ground licensee elects to operate aircraft mobile transmitters on
the ground or during approach and take-off, it may find it necessary in
some cases to provide additional attenuation of OOBE falling into the
spectrum below 894 MHz, in order to avoid interference to cellular
phones in use in the immediate vicinity of airports.

***[Interference to Public Safety]{.underline}***. The Commission
adopted essentially the same interference abatement obligation rule as
that adopted for the cellular service in the 800 MHz Order, 19 FCC Rcd
19651 (2004). Under this rule, an air-ground licensee may receive an
electronic initial notification of interference from non-cellular
licensees in the 800 MHz band. After receiving such a notification, the
air-ground licensee must respond, analyze the interference to identify
the source, and take mitigation steps to resolve it. The air-ground
licensee must also notify public safety and critical infrastructure
licensees, who have asked to be notified, prior to construction of a new
ground station. The FCC encourages air-ground, public safety, and
critical infrastructure licensees to work collaboratively to resolve
interference using mediation and other appropriate forms of alternative
dispute resolution procedures.

***[Interference to 900 MHz Specialized Mobile Radio (SMR) base
receivers]{.underline}***. Air-ground licensees and 900 MHz SMR
licensees should cooperate to resolve any interference problems,
particularly where 900 MHz SMR base stations are located near airport
runways.

***[Miscellaneous Interference Issues]{.underline}***. The Commission
applied its harmonized flexible OOBE limits rule, which currently
applies to cellular and broadband PCS, *see* 47 C.F.R. §§ 22.917,
24.238, to the 800 MHz Air-Ground Radiotelephone Service. In the event
that band plan 2 or 3 is implemented, the exclusive licensees would be
subject to the OOBE standards between their spectrum blocks, as well as
outside the air-ground band.

***[Miscellaneous Technical Rules]{.underline}***. The frequency
stability of equipment must be sufficient to ensure that, after
accounting for Doppler frequency shifts, the occupied bandwidth of the
fundamental emissions remains within the authorized frequency bands of
operation. In the event that **Band Plan 1** is implemented and licenses
for spectrum sharing are issued, the licensees may choose to agree upon
any number of miscellaneous technical standards that may be needed to
facilitate shared spectrum operation and include them in the spectrum
sharing plan that they would file with the Wireless Telecommunications
Bureau.

## 400 MHz Air-Ground Radiotelephone Service

The Commission revised and eliminated certain rules governing this
service and also updated and reorganized the general aviation air-ground
rules.

1.  **Form 409, Airborne Mobile Radio Telephone License Application**

The Commission took the following actions:

-   **Redesignated** **current Section 22.803** of the general
    Air-Ground Radiotelephone Service rules **as new Section 22.807** in
    the General Aviation Air-Ground Station rules and deleted certain
    superfluous language that relates to the Rural Radiotelephone
    Service.

-   **Eliminated,** by [revising]{.underline} **Sections 1.903(c) and
    22.3(b)**, the requirement that an authorization be obtained to
    operate general aviation airborne mobile stations in the Air-Ground
    Radiotelephone Service.

-   **Eliminated FCC Form 409** and **deleted** references to that form
    in Sections 1.1102 and 1.2003 of rules.

2.  **Idle Tone**

    The FCC eliminated the requirement that the Air-ground
    Radiotelephone Automated Service (AGRAS) systems transmit an idle
    tone. The **deletion of Section 22.811** from the rules, however, in
    no way prohibits carriers from employing an idle tone if they choose
    to do so. Thus, to the extent that idle tone transmissions are
    deemed valuable by system operators, they are free to continue to
    use them, but they are no longer mandated.

3.  **Construction Period for General Aviation Ground Stations**

The Commission **corrected** the reference to former Section 22.142 in
Section 22.815 to specify the actual rule section regarding construction
and coverage requirements, which is Section 1.946.

4.  **AGRAS**

    The Commission **deleted Section 22.819**, which required AGRAS
    stations to use a specified operating technology. Deletion of the
    rule does not mean that the previously required AGRAS protocols are
    prohibited. To the contrary, the continued use of these AGRAS
    protocols is permitted if licensees believe it would be appropriate.
    Use of these protocols simply is no longer mandated.

## Revision of Part 22 Non-Cellular Rules

### Scope and Authority---Authorization Required, General Eligibility, and Definitions

-   The Commission **revised** **Sections 22.3(b), 22.7, and 22.99** by
    replacing the term "common carrier" with the term "licensee," and
    thus deleted the requirement that licensees in Part 22 services be
    common carriers.

-   **Revised Section 22.1(b)** by deleting the reference to "domestic
    common carrier."

-   In **Section 22.401**, deleted the words "Communications common
    carriers" and replaced with the words "Eligible entities." *See* 47
    C.F.R. § 22.7. These revisions implement the decision to remove the
    common carrier restriction from the Part 22 eligibility rules.

-   **Section 22.351**, regarding channel assignments, was similarly
    amended.

-   **Deleted** the definitions for Radio Common Carrier and Wireline
    Common Carrier, as these terms are no longer used in Part 22, and
    **corrected** references to the term "Air-ground Radiotelephone
    Service" contained in several definitions in Section 22.99 to read
    "Air-Ground Radiotelephone Service."

    The actions taken by the Commission here do not impact the ability
    of Part 22 licensees to elect common carrier status. Thus, these
    rule changes do not mean that common carriers lose any legal or
    regulatory protections. The FCC's objective was to remove the
    requirement that Part 22 licensees be common carriers (*i.e.*,
    remove the eligibility restriction), without impacting the ability
    of licensees to choose such status if so desired.

### Licensing Requirements and Procedures

#### Construction Prior to Grant of Application

Section 22.143(d)(4) of the rules provides that, for any pre-grant
construction or alteration that would exceed the requirements of Section
17.7 (47 C.F.R. § 17.7 - antenna structures requiring notification to
the FAA) the licensee must notify the FAA and file "a request for
antenna height clearance and obstruction and marking specifications (FCC
Form 854)." The Commission revised this form by **amending** **Section
22.143(d)(4)** of the rules to include the correct filing location for
FCC Form 854 as "WTB, Spectrum Management Resources and Technologies
Division, 1270 Fairfield Road, Gettysburg, PA 17325."

#### Computation of Distance

The Commission **recodified Section 22.157 as new Section 1.958 in Part
1, Subpart F.** This will make the Section 22.157 distance calculation
method applicable to all Wireless Radio Services described in Parts 1
(except Parts 21 and 101 as explained below), 20, 22, 24, 27, 80, 87,
90, 95, and 97 (*see* 47 C.F.R. § 1.901) and supersede any conflicting
regulations in these Parts (*see* 47 C.F.R. § 1.902). The software used
by the Commission to process applications under Parts 21 (Domestic
Public Fixed Radio Services) and 101 (Fixed Microwave Services) is
programmed to round the result of distance calculations to the nearest
tenth of a kilometer. Accordingly, the FCC included language in new
Section 1.958 to indicate that distance calculations for applications
under these parts must be rounded to the nearest tenth of a kilometer.
Recodification of Section 22.157 in Part 1 is a more workable, practical
approach for applicants. If an applicant deems the distance calculation
methodology set forth in new Section 1.958 to not be accurate, it can
always seek a waiver to use an alternative methodology under the
Commission's waiver standards.

#### Computation of Terrain Elevation

The Commission **recodified Section 22.159 as new Section 1.959 in Part
1, Subpart F**. Part 90 services in the 470-512 MHz band, due to their
proximity to TV operations, will continue to be governed by Section
90.309(a)(4). 47 C.F.R. § 90.309(a)(4). Thus, all wireless services
under Parts 1, 20, 22, 24, 27, 80, 87, 90 (except the 470-512 MHz band),
95, 97 and 101 will be subject to the same computation methodology.

#### Amplitude Compandored Single Sideband Modulation (ASSB)

Section 22.161 of the rule is obsolete in light of Section 22.357, which
permits Part 22 licensees to use any emission type that complies with
applicable emission limits. Therefore, the Commission **deleted Section
22.161**. Also, the reference to this section in the definition of
"Channel" in Section 22.99 was eliminated.

### Operational and Technical Requirements

#### Channel Assignment Policy

Section 22.351 sets forth the general policy for the assignment of
Public Mobile Service (PMS) channels. The Commission **amended Section
22.351** by replacing the term "common carrier" with the term
"licensee."

#### Interference Protection

The Commission **modified** the relevant **portion** **of Section
22.352** to read "Public Mobile Service stations operating in accordance
with applicable FCC rules and the terms and conditions of their
authorizations are normally considered to be non-interfering." The
adopted streamlined wording more accurately reflects how the Commission
currently addresses interference issues: that operation consistent with
Commission rules and the applicable authorization---whether on a
site-by-site basis or on a geographic area basis---creates a presumption
of non-interfering operation.

#### Emission Types and Emission Masks

Consistent with the recent increased use of OOBE limits, the Commission
**replaced** the emission mask requirements found in Sections 22.357,
22.359, and 22.861 with an OOBE limitation. The FCC **clarified** for
purposes of this proceeding that OOBE limitations include what would be
termed "spurious" emissions under the ITU standards.

#### Standby Facilities

The Commission **eliminated Section 22.361** from the rules.

#### Directional Antennas

The Commission **eliminated** Section 22.363 and Table C-2 to Section
22.361 from the rules.

#### Wave Polarization

The Commission **deleted** Section 22.367 from the rules.

#### Access to Transmitters

The Commission **removed** Section 22.373 from the rules.

#### Replacement of Equipment

The Commission **eliminated** Section 22.379 from the rules.

#### Auxiliary Test Transmitters

The Commission **eliminated** Section 22.381 from the rules.

#### In-building Radiation Systems

Commission staff currently is examining a set of issues related to the
appropriate regulatory treatment of wireless boosters used to improve or
facilitate service in a number of areas, including buildings.
Accordingly, the FCC addressed Section 22.383 in the context of that
examination. **The Commission clarified** that under current policies,
such devices may only be operated by a licensee or pursuant to the
licensee's permission and control, unless they fall under the power
limits for unlicensed devices under the Part 15 rules.

### Developmental Authorizations

#### Developmental Authorization of 43 MHz Paging Transmitters

The Commission **deleted** Sections 22.411 and 22.531(a) from the rules.

#### Developmental Authorization of 928-960 MHz Fixed Transmitters

The Commission **eliminated** Section 22.415 and **revised** Section
22.625(a) by eliminating all text following the first sentence that
pertains to short-spaced developmental authorizations under Section
22.415.

#### Developmental Authorization of Meteor Burst Systems

The Commission **deleted** Sections 22.417, 22.725(c), and 22.729 from
the rules. It also **deleted** the definition of "meteor burst
propagation mode" in Section 22.99, the Section 22.313(a)(3) station
identification requirements for Rural Radiotelephone Service subscriber
stations using meteor burst propagation, and the Section 22.727(f)
limits on transmitter output power for meteor burst stations.

### Paging and Radiotelephone Service Rules

#### Composite Interference Contour Over Water

The Commission **amended** Section 1.929(c)(1) regarding expansions of
the composite interference contour (CIC) of a site-based licensee in the
Paging and Radiotelephone Service, Rural Radiotelephone Service, or 800
MHz Specialized Mobile Radio Service. The amended rule treats expansions
of the CIC over water, on a secondary, non‑interference basis to any
geographic area licensee in the same area, as minor, not major,
modifications of license. As a result, such expansions of the CIC are
permissive and no notification to the Commission is required. Moreover,
the Commission will no longer require that site-based licensees
automatically notify incumbent geographic area licensees of the
technical parameters of a CIC expansion over water. Also, the FCC
adopted the definition of "over water" as "over bodies of water that
extend beyond county boundaries including, but not limited to, oceans,
the Gulf of Mexico, and the Great Lakes."

#### Nationwide Network Paging Channels

The Commission **deleted** Sections 22.313(a)(5), 22.531(b) and 22.551
from the rules.

#### Additional Channel Policies

The Commission **deleted** Sections 22.539 and 22.569 from the rules.

#### Provision of Rural Radiotelephone Service on Paging Channels

The Commission **deleted** Section 22.563 from the rules.

#### Transmission Power Limits

The Commission **deleted** Section 22.565(g) so that test transmitters
may operate, pursuant to Section 22.565(a), at a limit of 150 watts. The
FCC noted that because it has decided to permit auxiliary test
transmitters to operate on both base and mobile frequencies, licensees
can now choose to operate on either the base or the mobile side of the
frequency, subject to the 150-watt limit under Section 22.565(a).

#### Dispatch Service

The Commission **deleted** Section 22.577 from the rules.

#### Channels for Point-to-Point Operation---Microwave Channels

The Commission **deleted the microwave channels** from the Section
22.591 table and **deleted** Section 22.591(b) regarding the assignment
of such channels. The FCC will allow the licenses for these microwave
channels to expire at the end of their current authorizations, and the
Commission will not renew them for another license term. These microwave
incumbents will, in the meantime, continue to be subject to Sections
22.601 and 22.602 (although once their license terms end, these sections
will become superfluous). The Commission **deleted** the cross-reference
to Section 22.591 in Sections 22.601 and 22.602, referencing the
2110-2130 and 2160-2180 MHz channels instead.

#### ERP Limits

Although the Commission **deleted the microwave channels** listed in
Section 22.591, these microwave licensees are still subject to Section
22.593, which specifies the EIRP of the microwave channels listed in
Section 22.591. Consequently, the FCC will not amend this rule until
after the subject licenses have expired.

#### Channel Usage Reports

The Commission **eliminated** Section 22.655 from the rules.

### Rural Radiotelephone Service Rules---Channels for Basic Exchange Telephone Radio Systems (BETRS)

The Commission **eliminated** Section 22.757 from the rules and the
first sentence of Section 22.725 was **amended** to provide that the
channels listed therein are available for paired assignment to BETRS.

### Offshore Radiotelephone Service Rules

The Commission **removed** the reference to "common carriers" in Section
22.1003 in order to maintain consistency among the Part 22 Public Mobile
Services.

# Impact on Small Business

The Commission does not anticipate any adverse impact on small entities
resulting from either reconfiguration of the 800 MHz Air-Ground
Radiotelephone Service band plan or revision of the related service
rules. Regarding the modification or elimination of rules stemming from
its Biennial Regulatory Review responsibilities, the FCC does not
anticipate any adverse impact on small entities. To the contrary, to the
extent that there is any impact at all, streamlining and harmonizing
technical and operational rules should result in decreasing regulatory
burdens that benefit both small and large entities.

## Recordkeeping and Other Compliance Requirements

In this *Report and Order*, the Commission did not adopt any new rules
that would add reporting, recordkeeping, or other compliance
requirements. The Commission only modified or eliminated certain rules
that should result in a reduction in economic burdens for small and
other sized entities.

[If **Band Plan 1** is implemented]{.underline} as a result of the
Commission's auction of new 800 MHz commercial Air-Ground Radiotelephone
Service licenses, the new licensees will be required to:

-   Jointly file a spectrum sharing and site selection plan with the
    Bureau within six months of the initial grant of their spectrum
    licenses. (The Bureau will issue a public notice prior to the
    Commission's auction of new 800 MHz air-ground spectrum licenses in
    which it will specify the filing requirements for the plan.)

> **Note:** In the event that the parties determine that more than six
> months is required to prepare and file the plan, they [may request an
> extension of the six-month period.]{.underline}

-   Notify the Bureau of any changes to the plan.

> **Note:** The parties may seek confidential treatment of the plan.
> *See, e.g.*, 47 C.F.R. § 0.459.

The changes to the Commission's rules in this *Report and Order* will
become effective May 13, 2005.

# Weblink

Report and Order and Notice of Proposed Rule Making -- FCC 04-287,
released on February 22, 2005.

[http://hraunfoss.fcc.gov/edocs
\_public/attachmatch/FCC-04-287A1.doc](http://hraunfoss.fcc.gov/edocs _public/attachmatch/FCC-04-287A1.doc)

[http://hraunfoss.fcc.gov/edocs
\_public/attachmatch/FCC-04-287A2.doc](http://hraunfoss.fcc.gov/edocs _public/attachmatch/FCC-04-287A1.doc)

[http://hraunfoss.fcc.gov/edocs
\_public/attachmatch/FCC-04-287A3.doc](http://hraunfoss.fcc.gov/edocs _public/attachmatch/FCC-04-287A1.doc)

[http://hraunfoss.fcc.gov/edocs
\_public/attachmatch/FCC-04-287A4.doc](http://hraunfoss.fcc.gov/edocs _public/attachmatch/FCC-04-287A1.doc)

[http://hraunfoss.fcc.gov/edocs
\_public/attachmatch/FCC-04-287A5.doc](http://hraunfoss.fcc.gov/edocs _public/attachmatch/FCC-04-287A1.doc)

[http://hraunfoss.fcc.gov/edocs
\_public/attachmatch/FCC-04-287A1.pdf](http://hraunfoss.fcc.gov/edocs _public/attachmatch/FCC-04-287A1.pdf)

[http://hraunfoss.fcc.gov/edocs
\_public/attachmatch/FCC-04-287A2.pdf](http://hraunfoss.fcc.gov/edocs _public/attachmatch/FCC-04-287A1.pdf)

[http://hraunfoss.fcc.gov/edocs
\_public/attachmatch/FCC-04-287A3.pdf](http://hraunfoss.fcc.gov/edocs _public/attachmatch/FCC-04-287A1.pdf)

[http://hraunfoss.fcc.gov/edocs
\_public/attachmatch/FCC-04-287A4.pdf](http://hraunfoss.fcc.gov/edocs _public/attachmatch/FCC-04-287A1.pdf)

[http://hraunfoss.fcc.gov/edocs
\_public/attachmatch/FCC-04-287A5.pdf](http://hraunfoss.fcc.gov/edocs _public/attachmatch/FCC-04-287A1.pdf)

[http://hraunfoss.fcc.gov/edocs
\_public/attachmatch/FCC-04-287A1.txt](http://hraunfoss.fcc.gov/edocs _public/attachmatch/FCC-04-287A1.txt)

[http://hraunfoss.fcc.gov/edocs
\_public/attachmatch/FCC-04-287A2.txt](http://hraunfoss.fcc.gov/edocs _public/attachmatch/FCC-04-287A1.txt)

[http://hraunfoss.fcc.gov/edocs
\_public/attachmatch/FCC-04-287A3.txt](http://hraunfoss.fcc.gov/edocs _public/attachmatch/FCC-04-287A1.txt)

[http://hraunfoss.fcc.gov/edocs
\_public/attachmatch/FCC-04-287A4.txt](http://hraunfoss.fcc.gov/edocs _public/attachmatch/FCC-04-287A1.txt)

[http://hraunfoss.fcc.gov/edocs
\_public/attachmatch/FCC-04-287A5.txt](http://hraunfoss.fcc.gov/edocs _public/attachmatch/FCC-04-287A1.txt)