Before the

**Federal Communications Commission**

**Washington, D.C. 20554**

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

**NOTICE OF PROPOSED RULE MAKING**

**Adopted: October 10, 2001 Released: October 16, 2001**

Comments Due: \[90 days after Federal Register publication\]

Reply Comments Due: \[120 days after Federal Register publication\]

By the Commission:

Table of Contents

Heading Paragraph \#

I. introduction and executive summary 1

II\. discussion 4

A. Aeronautical Mobile Satellite (Route) Service (AMS(R)S) Issues 5

1\. Updating of Technical Standards for AMS(R)S Equipment 7

2\. Expanding the Authorization of AMS(R)S 10

B. Aeronautical Enroute Station Issues 12

C. Standards for Automatic Station Logs 17

D. Equipment Certification Issues 21

1\. Accommodation of 8.33 kHz Channel Spacing Transmitters 22

2\. Certification of Equipment for the Civil Reserve Airfleet 28

3\. Certification of Equipment Requiring an FAA Showing of Compatibility
with the National Airspace System 30

E. Amending License Terms of Non-Aircraft Stations 32

F. Amending Construction Requirements of Non-Aircraft Stations 33

G. Adding Additional Emission Types 34

H. Removal of References to Civil Air Patrol (CAP) 35

I. Addition of Station Class Codes 36

J. Differential Global Positioning System (DGPS) 38

K. Aeronautical Advisory Stations (Unicom) Issues 42

L. South San Diego Uncontrolled Airspace Corridor Group 50

M. Charter Aircraft Call Signs 51

N. Additional Issues 54

III\. Conclusion 59

IV\. PROCEDURAL MATTERS 60

A. Ex Parte Rules---Permit-But-Disclose Proceeding 60

B. Regulatory Flexibility Act 61

C. Paperwork Reduction Act of 1995 Analysis 62

D. Comment Dates 63

E. Ordering Clauses 67

F. Further Information 69

APPENDIX A: pROPOSED RULES A-1

PPENDIX b: INITIAL REGULATORY FLEXIBILITY CERTIFICATION b-1

# introduction and executive summary

1.  In this *Notice of Proposed Rulemaking* (*Notice* or *NPRM*), we
    propose to consolidate, revise, and streamline our Part 87 rules
    governing the Aviation Radio Service. The Aviation Radio Service is
    an internationally-allocated family of radio services designed to
    enhance and protect the safety of life and property in air
    navigation. These proposed rule changes are designed to ensure that
    these rules reflect recent technological advances, as well as
    ensuring that these rules are consistent with other Commission
    rules. We are also initiating this proceeding to eliminate
    regulations that are duplicative, outmoded, or otherwise unnecessary
    in the Aviation Radio Service.

2.  As discussed in further detail below and set forth in the Appendix
    of this *NPRM*, we propose to:

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

-   Amend our equipment certification procedures to:

```{=html}
<!-- -->
```
-   permit the certification of dual spacing transceivers for aircraft
    also operating in countries which employ 8.33 kHz channel spacing;

-   allow the certification of radios that operate outside the civil
    aviation band for aircraft in the Civil Reserve Airfleet; and

-   streamline the certification process for equipment needing a Federal
    Aviation Administration (FAA) showing of compatibility with the
    National Airspace System.

```{=html}
<!-- -->
```
-   Authorize the use of the Differential Global Positioning System
    (DGPS) in the 108-118 and 1559-1610 MHz bands and license DGPS
    licensees on a non-developmental basis.

-   Allow the use of temporary call signs for aircraft operation under
    the provisions of wet lease agreements.[^1]

3.  In addition, we seek comment on the following major issues:

-   Whether to authorize AMS(R)S under the Part 87 rules in the
    1610-1626.5 and 5000-5150 MHz bands.

-   Whether to amend Section 87.261(c) of our rules to allow more than
    one Aeronautical Enroute Station to be authorized at any one
    location.

-   Whether to amend our Part 87 rules to accommodate Time Division
    Multiple Access emissions in the very high frequency Aeronautical
    Mobile (Route) Service (AM(R)S) band, as an alternative to 8.33 kHz
    channel spacing to allow greater use of spectrum for domestic air
    travel.

-   Whether to eliminate all specific references to the Civil Air Patrol
    in Part 87.[^2]

-   Whether to revise our licensing rules and procedures for unicom
    stations.[^3]

# discussion

4.  The Aviation Radio Service is an internationally-allocated family of
    radio services designed to enhance and protect the safety of life
    and property in air navigation. The Commission regulates the
    Aviation Radio Service in cooperation with the FAA. By way of
    background, federal regulation of the Aviation Radio Service
    predates the Commission. In 1929, the Commission's predecessor, the
    Federal Radio Commission, adopted the Aviation Operating Plan.[^4]
    Later, the Commission assigned the administration and licensing of
    the Aviation Radio Service to its Telegraph Division.[^5] The
    Commission originally codified the rules governing the Aviation
    Radio Service at Part 9 of its Rules; but in 1963, the Commission
    moved them to Part 87, where they reside today.[^6] While there have
    been several additions and amendments to the Aviation Radio Service
    rules, the Commission has not undertaken an extensive review of
    these rules since 1988.[^7] The underlying purpose of this *Notice*
    is to initiate and conduct such a review. The Aviation Radio Service
    consists of three services: (1) the Aeronautical Mobile Service,
    which includes aeronautical advisory stations, aeronautical enroute
    stations, airport control 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.

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

5.  The Aeronautical Mobile Satellite (Route) Service (AMS(R)S) is a
    mobile satellite service in which mobile earth stations are located
    on board aircraft.[^8] This service is used for operational control
    communications for aircraft along national and international civil
    air routes. Operational control communications relate to the safe,
    efficient and economical operation of aircraft, such as fuel,
    weather, position reports, aircraft performance, essential services
    and supplies. Public correspondence is not permitted. The ability
    of, *inter alia*, survival craft and emergency position-indicating
    radiobeacon stations to participate in this service enhances the
    service's ability to protect life and property.

6.  In 1986, the Commission allocated twenty-seven megahertz of spectrum
    for a Mobile Satellite Service (MSS)[^9] to be shared with
    AMS(R)S.[^10] The Commission allocated the 1549.5-1558.5 MHz and
    1651-1660 MHz bands on a co-primary basis to MSS and AMS(R)S, but
    granted AMS(R)S priority and real-time preemptive access.[^11] The
    Commission allocated the 1545-1549.5 MHz and 1646.5-1651 MHz bands
    to AMS(R)S on a primary basis with MSS secondary in these
    bands.[^12] In 1987, the Commission affirmed this allocation with a
    minor modification to clarify footnote US308,[^13] and in 1989,
    authorized the first AMS(R)S licensee at the slightly increased
    service bands of 1545-1559 MHz and 1646.5-1660.5 MHz.[^14]

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

7.  In 1992, the Commission established technical standards and
    licensing procedures for the AMS(R)S.[^15] In developing these
    standards, the Commission relied upon documents produced by industry
    standard-setting organizations, such as Minimum Operational
    Performance Standards (MOPSs) developed by RTCA, Inc. (RTCA)[^16]
    and Standards and Recommended Practices (SARPs) developed by the
    International Civil Aviation Organization\'s (ICAO)[^17]
    Aeronautical Mobile Communications Panel (AMCP).[^18] RTCA and ICAO
    have amended the relevant MOPSs and SARPs since the promulgation of
    the technical standards contained in our Part 87 rules. Therefore,
    we propose the following changes to our rules to ensure that our
    rules reflect the latest industry standards as reflected by these
    documents.

8.  *Power and Emissions.* We propose amending 47 C.F.R. § 87.131 to
    correct the table to raise permitted maximum output power of
    Aircraft Earth Stations from 60 watts to 80 watts. The value of
    output power is measured at the output of the high power amplifier
    and does not account for RF cable and diplexer losses. The assumed
    value of such losses is 1.25 dB, which would result in an output of
    60 watts. As a result, we believe that the value currently specified
    in our rules is erroneous and we propose to correct that here.[^19]
    We seek comment on our proposal.

9.  *Emission Limitations*. We propose to amend 47 C.F.R. § 87.139(i) to
    ensure that our rules reflect the latest technical standards without
    retaining regulations in the Commission's rules that duplicate
    standards established by the FAA in its Technical Standards Order
    governing AMS(R)S. The proposed edits are contained in a table set
    forth as a proposed amendment to Section 87.139 of the Commission's
    rules in Appendix A. We seek comment on our proposal.

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

10. Our rules currently authorize the use of the AMS(R)S in the
    1545-1559 MHz and 1646.5-1660.5 MHz bands.[^20] The International
    Telecommunications Union (ITU) and the Commission's Table of
    Allocations allocate additional spectrum in the 1610-1626.5 MHz band
    and the 5000-5150 MHz band to AMS(R)S on a primary basis.[^21]

11. At this time, our AMS(R)S licensing rules distinguish between the
    1610-1626.5 MHz and 5000-5150 MHz bands and the 1646.5-1660.5 MHz
    band. Specifically, the first two bands are regulated under Part 25
    of our rules and the third band is regulated under Part 87. Further,
    Part 87 affords the AMS(R)S priority over other MSS use in the
    1646.5-1660.5 MHz band,[^22] and Part 87 and Footnote US308 provide
    for priority and real-time preemptive access for AMS(R)S in the
    1651-1660 MHz portion of the band,[^23] but Part 25 does not
    specifically provide the protections of priority and real-time
    preemptive access for AMS(R)S in the 1610-1626.5 MHz and 5000-5150
    MHz bands. In light of the fact that both the ITU and the Commission
    have allocations for the 1610-1626.5 MHz and 5000-5150 MHz bands for
    the AMS(R)S, we seek comment on whether we should authorize the use
    of AMS(R)S under Part 87 for aircraft stations in these bands,
    without the protections of priority and real time preemptive access,
    in order to ensure consistency of the regulatory and licensing
    processes for these three bands.[^24]

## Aeronautical Enroute Station Issues

12. The aeronautical enroute service provides air‑ground communications
    for the operational control (flight management) of aircraft by the
    operating companies.[^25] Communications relate to safe and
    efficient aircraft operation, such as aircraft performance, fuel,
    weather, position reports, essential services and supplies.[^26]
    Public correspondence (*i.e*., private or personal messages of
    passengers or crew) is not permitted on enroute frequencies.[^27]
    Enroute stations are the means by which companies satisfy FAA
    requirements to maintain reliable communications between each
    aircraft and the appropriate dispatch office in the case of large
    trunk air carriers, or maintain flight following systems in the case
    of small airlines and large commercial aircraft operations.[^28]

13. Except in Alaska, only one aeronautical enroute licensee may be
    authorized at any one location.[^29] This limitation stems from the
    early days of the aviation transport industry when it was recognized
    that the limited number of suitable frequencies available was not
    sufficient to allow each aviation organization to have its own
    \'chain\' of radio stations along its various air routes.[^30] With
    encouragement from the then Federal Radio Commission, the early air
    transport companies adopted a plan calling for coordination and
    cooperation in the use of available frequencies along the
    airways.[^31] As a result, Aeronautical Radio, Inc. (ARINC) was
    incorporated in 1929 as a private communications company dedicated
    to serving the air transport industry on a non‑profit, cost‑sharing
    basis.[^32] 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. ARINC owns and operates
    most aeronautical enroute service stations, and is the licensee of
    all the domestic network[^33] aeronautical enroute stations in the
    continental U.S.[^34]

14. In 1987, the Commission concluded that the basic rationale
    underlying the use of an industry intermediary to manage the enroute
    communications system, *i.e.,* a scarcity of available spectrum and
    a need for coordination among users to assure adequate enroute
    communications at reasonable costs, remained valid.[^35] In support
    of its position, the Commission noted that it had previously held
    that the public benefits derived from communications sharing
    arrangements may include (1) services at rates closer to costs, (2)
    better management of communications networks, (3) efficient use of
    available spectrum, and (4) additional incentive for research and
    development.[^36] The Commission went on to state that the
    elimination of the one station per location rule in the enroute
    service would produce a number of negative effects:

-   The requirement that service be provided to all qualified aircraft
    operators on the available enroute spectrum, would adversely affect
    efficiency;[^37]

-   Unfettered expansion of the number of licensees would reduce the
    usefulness of the industry database, limit ARINC\'s ability to
    coordinate frequency assignments, and increase congestion and
    interference; and

-   Flexibility in the planning and implementation of new techniques and
    configurations would be more difficult due to greater
    diversification of control.[^38]

    The Commission concluded that eliminating this limitation would
    result in a less effective service.[^39]

15. More recently, in the World Trade Organization (WTO) proceeding,
    Société Internationale de Télécommunications Aéronautiques (SITA)
    asked the Commission to examine whether the rule permitting only one
    aeronautical enroute station per location is inconsistent with U.S.
    WTO policy.[^40] SITA noted that most countries have no limitation
    on the number of aeronautical enroute licenses authorized per
    location,[^41] and argued that the current spectrum allocation for
    aeronautical enroute services can accommodate more than one service
    provider.[^42] It also contended that allowing more than one
    aeronautical enroute station per location would introduce
    competition into the aeronautical enroute market, which would
    produce lower rates for aeronautical enroute service, increase
    efficiency, and lead to new innovations.[^43] In addition, SITA
    argued that removal of this rule would increase public safety by
    increasing the aeronautical enroute service infrastructure and
    through the creation of redundant networks.[^44]

16. The Commission declined to address SITA's request on the grounds
    that addressing a service-specific rule was beyond the scope of that
    proceeding.[^45] The Commission also noted that the record on this
    issue consisted solely of the submissions of SITA and ARINC, and
    "critical parties ... have not had sufficient opportunity to provide
    the input that we would need before we were to reconsider our
    licensing rules."[^46] The Commission stated that it would seek
    comment on this issue in a separate proceeding.[^47] We believe that
    the present proceeding presents an appropriate occasion to examine
    this issue. In order to refresh the record (which is more than three
    years old) and broaden the scope of commenters, we now seek comment
    on whether we should amend Section 87.261(c) of the Commission's
    Rules to allow more than one aeronautical enroute licensee at a
    given location. In particular, commenters should address whether the
    introduction of competition into this service would create the
    benefits cited by SITA, or whether allowing more than one licensee
    in the same location would produce the effects previously considered
    by the Commission in the *Aeronautical Enroute Order* noted above.

## Standards for Automatic Station Logs

17. Currently stations at fixed locations in the international
    aeronautical mobile service must maintain a written or automatic
    station log that conforms to the standards set forth in accordance
    with Paragraph 3.5, Volume II, Annex 10 of the ICAO Convention.[^48]
    The relevant ICAO provisions, however, establish specific guidelines
    only for written station logs. ARINC has inquired whether stations
    must maintain a separate Sign In and Out log (which the ICAO
    provisions appear to require) when utilizing automatic logs.[^49]
    ARINC contends that, because automated station logs electronically
    indicate radio operators as on and off at the position they work
    during a shift, maintaining a separate written Sign In and Out log
    is redundant.[^50]

18. As a preliminary matter, we propose eliminating the specific
    reference to Paragraph 3.5, Volume II, Annex 10 of the ICAO
    Convention, and instead propose mandating that stations at a fixed
    location in the international aeronautical mobile service maintain a
    log in accordance with the provisions of Annex 10 of the ICAO
    Convention.[^51] We believe that eliminating the reference to a
    specific paragraph of the ICAO Convention will minimize the effect
    of changes to that specific paragraph on our rules.

19. We further propose clarifying our rules governing station logs by
    specifically stating that automatic logs must contain the same
    information required for written logs by Annex 10 of the ICAO
    Convention, with the exception of the Sign In and Sign Out portion
    of the log. Specifically, we propose to require that automatic
    station logs contain the following information:

-   the name of the agency operating the station;

-   the identification of the station;

-   the date;

-   the time of opening and closing the station;

-   the frequencies being guarded and the type of watch (*i.e.*,
    continuous or scheduled) being maintained on each frequency;

-   except at intermediate mechanical relay stations, a record of each
    communication showing text of communication, time communication
    completed, station(s) communicated with, and frequency used;

-   all distress communications and action thereon;

-   a brief description of communication conditions and difficulties,
    including harmful interference. Such entries should include,
    whenever practicable, the time at which interference was
    experienced, and the character, radio frequency and identification
    of the interfering signal;

-   a brief description of interruption to communications due to
    equipment failure or other difficulties, giving the duration of the
    interruption and action taken; and

-   such additional information as may be considered by the operator to
    be of value as part of the record of the station's operations.

    We also propose requiring stations maintaining written station logs
    to also enter the signature of each operator, as well as the time
    the operator assumes and relinquishes a watch.

20. We believe that by establishing specific informational standards for
    written and automatic station logs, we will decrease confusion over
    what information is necessary for each type of log. We also believe
    that our proposed approach would promote increased use of automatic
    station logs, a step that should reduce the administrative burden on
    the industry without deleteriously impacting our regulatory
    interests. We seek comment on our proposals.

## Equipment Certification Issues

21. The Commission has established specific procedures that equipment
    manufacturers must follow to obtain certification of equipment
    operating in the Aviation Radio Service frequencies.[^52] It is our
    understanding that occasionally strict compliance with these
    procedures impedes equipment manufacturers seeking to develop and
    market certain products. In order to escape these impediments,
    equipment manufacturers have increasingly turned to petitioning the
    Commission for waivers of specific rules in order to allow them to
    market and develop their products. This practice is highly
    inefficient and places a large administrative burden on both
    equipment manufacturers and the Commission. In order to address
    these problems, we propose several rule changes regarding equipment
    certification. We believe these proposed changes would allow more
    rapid deployment of new equipment intended to enhance the safety of
    life and property in the aviation context. We solicit comment on our
    proposals.

### Accommodation of 8.33 kHz Channel Spacing Transmitters

22. In March of 1997, ICAO amended its International Standards and
    Recommended Practices to incorporate a channel plan specifying 8.33
    kHz channel spacings in the Aeronautical Mobile (Route) Service
    (AM(R)S) in the 118-137 MHz band.[^53] The 8.33 kHz channel plan was
    adopted to alleviate the shortage of very high frequency (VHF) air
    traffic control (ATC) channels experienced in Western Europe and the
    United Kingdom.[^54] Eight western European countries implemented
    the 8.33 kHz channel plan in 1999.[^55] Accordingly, aircraft
    operating in the airspace of these countries must be able to
    transmit and receive on the 8.33 kHz spaced channels.

23. Our rules currently require that U.S. registered aircraft employ
    certified radios and that aircraft radios must meet the technical
    requirements set forth in Subpart D of Part 87 of the Commission\'s
    Rules in order to be certified under the Commission's Rules.[^56]
    Subpart E of Part 87 contains a list of \"assignable carrier
    frequencies or frequency bands\" and includes carrier frequencies in
    the VHF aircraft band used for AM(R)S communications
    (namely---117.975-136.975 MHz).[^57] We note, however, that the
    listed frequencies are based on 25 kHz channel spacing with no
    provision for operating on 8.33 kHz-spaced channels as envisioned by
    the ICAO channel plan.[^58] Consequently, certification of dual
    channel spacing transceivers (*i.e.*, radios that can operate using
    8.33 kHz-spaced channels as well as 25 kHz-spaced channels)
    currently may not be obtained absent grant of a waiver of Section
    87.173(b) of the Commission's Rules.[^59]

24. We recognize that U.S. air carriers operate internationally and
    their aircraft operate in countries that employ 8.33 kHz spacing. We
    also recognize that aircraft must have the capability of
    communicating reliably with ground stations as directed, and on the
    frequencies specified, by air traffic controllers. It is clear that
    this capability could be impaired if U.S.-registered aircraft were
    unable to communicate effectively with ATC facilities in certain
    European countries employing 8.33-kHz spaced channels.[^60]
    Furthermore, we note that the current system of granting
    certification of dual spacing transceivers on an individual,
    case-by-case basis creates an administrative workload for both the
    regulated community and our own staff. Accordingly, in the interest
    of air safety and operational efficiency, we now propose to amend
    Section 87.137 of our Rules to permit certification of dual channel
    spacing transceivers to accommodate aircraft which operate in
    countries that employ 8.33 kHz spacing.

25. We note that this proposal addresses equipment certification only.
    Since, at this time, the FAA has not adopted 8.33 kHz channel
    spacing within the United States, we do not propose to permit the
    use of 8.33 kHz channel spacing in the United States, with the
    following exceptions. In order to reflect the International
    Standards and Recommended Practices, we propose to amend 47 C.F.R. §
    87.137 to authorize 8.33 kHz bandwidth for aircraft in international
    flight. We also propose to authorize the use of 8.33 kHz bandwidth
    for the purpose of certifying dual channel spacing transceivers
    by a) adding the emission designators 8K33A3E to the A3E emission
    class, b) listing 8.33 kHz as the authorized bandwidth for the new
    emission designator, and c) creating a new footnote to the table
    denoting that the use of 8.33 kHz bandwidth is only for aircraft in
    international flight.

26. We note reports that there is a growing shortage of VHF ATC channels
    and that this shortage will continue until the FAA implements a new
    modernized ATC communications system, which is expected to occur
    around 2009.[^61] We note that as part of this modernization effort,
    the FAA is evaluating the use of VHF Data Link, Mode 3 (VDL-3), a
    plan that utilizes Time Division Multiple Access (TDMA) as an
    alternative to 8.33 kHz channel spacing to allow greater efficiency
    of spectrum use for domestic air travel.[^62] In light of these
    plans, we seek comment on whether we should amend our rules to
    accommodate TDMA emissions in the VHF AM(R)S band.

27. In an effort to address this shortage of VHF ATC channels, which
    directly impacts the safety of life and property in air navigation,
    in a more timely fashion, we seek comment on whether we should allow
    the use of the frequencies 121.975 MHz -- 122.675 MHz for ATC on a
    secondary basis. These frequencies are currently allocated to FAA
    flight service stations (FSSs). We do not anticipate major
    coordination problems with this proposal since any necessary
    coordination between primary and secondary services would be
    administered by the FAA, which currently operates nearly all FSSs,
    and engineers and manages this band segment on behalf of the
    Commission. For similar reasons, we also seek comment on whether to
    remove the restriction limiting the use of the sub-band 121.6
    MHz-121.95 MHz to ground control, and allow these frequencies to be
    used for general ATC communications.

### Certification of Equipment for the Civil Reserve Airfleet

28. Another current requirement for certification of VHF aviation
    transmitters is that the equipment operate only on frequencies in
    the civil aviation band.[^63] In some situations, however, civil
    aircraft must 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. For example, aircraft of the Civil Reserve Air Fleet serve a
    military transport role in emergency conditions. Additionally, civil
    aircraft that have the occasion to use military airfields, *e.g.,*
    in connection with the transport of \"VIP\" passengers such as heads
    of state, also engage in aeronautical communications in the subject
    frequency bands.

29. We currently certify radios that operate in both the civil aviation
    band and the military radio bands through the use of waivers.[^64]
    Because, as we state above, the use of waivers to obtain equipment
    certification is inefficient and resource-intensive, we propose
    amending our rules to allow the certification of radios that operate
    both inside and outside the civil aviation bands, with the caveat
    that the FCC certification will only apply to use inside the civil
    aviation band. We emphasize that this proposal addresses equipment
    certification only. Other agencies are responsible for granting
    authorization to operate outside of the civil aviation band, and we
    are not proposing to permit operations outside of the civil aviation
    band in the United States under our Rules.

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

30. Before the Commission certifies equipment that operates in certain
    frequencies, it consults with the FAA to ensure that the equipment
    is compatible with the National Airspace System.[^65] Currently, an
    applicant for certification of this type of equipment must notify
    the FAA of the filing of the certification application and provide
    the FAA with certain technical specifications relating to the
    equipment.[^66] The Commission allows the FAA twenty-one calendar
    days to file any objection to the application along with a showing
    that the equipment in question is incompatible with the National
    Airspace System.[^67] If such an objection is filed, then the
    Commission considers the showing before taking final action on the
    application.[^68]

31. Based on our experience with this process, we believe it is
    cumbersome, and propose to streamline it by requiring applicants to
    submit, as part of the application for certification, an FAA
    determination of the equipment's compatibility with the National
    Airspace System, rather than having applications remain in pending
    status for a specified period of time to allow the FAA to file an
    objection. We believe this proposed process will 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. We seek comment on this proposal.

## Amending License Terms of Non-Aircraft Stations

32. In our ongoing effort to establish uniformity among regulated
    wireless services, we propose to extend the license terms of
    licenses in the Aviation Radio Service, other than aircraft
    stations, from five years to ten years. This will place non-aircraft
    stations on a similar licensing period as aircraft licenses.[^69] We
    believe that changing the licensing period from a five- to a
    ten-year period for non-aircraft licenses would provide economic
    benefits for licensees by effectively halving licensee's application
    fees and costs of processing the renewals.[^70] We also believe that
    this change in licensing period would reduce the Commission's annual
    costs for processing renewal applications.[^71] We seek comment on
    this proposal.

## Amending Construction Requirements of Non-Aircraft Stations

33. Similarly, we propose to extend the period in which unicom stations
    and radionavigation land stations must be placed in operation from
    eight months to one year.[^72] We believe that a longer
    implementation period would simplify the regulatory requirements for
    aviation stations by reducing the number of requests for extensions
    of time to construct a station, simplify the regulatory requirements
    applicable to aviation licensees, and decrease administrative
    burdens placed on licensees and the Commission. This approach also
    would be consistent with the Commission's recent actions regarding
    construction requirements in other services.[^73] We seek comment on
    this proposal.

## Adding Additional Emission Types[^74] 

34. Since 1996, ARINC has been using emission type J2D for enroute high
    frequency (HF) communications, through a series of waivers to allow
    it to assist in the development of a worldwide HF datalink system.
    We are aware of no complaints or other problems arising from these
    operations. In order to reduce our administrative burden and to
    anticipate implementation of the worldwide HF datalink system, we
    propose amending our rules to add J2D as an acceptable data emission
    type for enroute HF communications. We seek comment on this
    proposal. We also seek comment on the more general question of
    whether we should continue to designate specific emission types on
    aviation frequencies that are not shared with other services, or
    allow licensees to utilize any emission type in these frequencies if
    the transmitters meet the other applicable technical
    specifications.[^75]

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

35. Part 87 contains several references to the Civil Air Patrol (CAP).
    While we have licensed CAP stations in the past, these licenses have
    expired. At this time, we have no formal relationship with the CAP,
    which is currently authorized by the Air Force and the National
    Telecommunications and Information Administration (NTIA). Moreover,
    the CAP, similar to other aviation licensees, can obtain any
    necessary Part 87 licenses under our general licensing procedures.
    We seek comment on whether we should eliminate the specific
    references to the CAP that appear in Part 87.

## Addition of Station Class Codes

36. Part 87 currently classifies the different types of stations in the
    Aviation Radio Service by a two- or three-character code.[^76] We
    believe that advances in ground control technology and changes in
    airport procedures have rendered our current set of station classes
    inadequate. We propose to bring our rules up-to-date by adding five
    additional station class codes. We propose adding three station
    classes to reflect changes in ground control technology and
    procedures: (a) Remote Communications Outlet (RCO),[^77] (b) Ground
    Communication Outlet (GCO),[^78] and (c) Ramp Control (RPC).[^79] We
    currently license operations that would fall under these new classes
    as airport control towers (FAC), even though these stations perform
    different functions. Since these proposed station classes are terms
    of art within the aviation community, we believe that establishing
    station codes for these distinct types of operations will enable us
    to better coordinate our licensing activities with the NTIA's
    Interdepartment Radio Advisory Committee (IRAC)[^80] and the FAA by
    adding greater specificity to the coordination process. Similarly,
    we further propose to increase the accuracy of our licensing
    database by adding two other station classes: (a) RADAR/TEST
    (RLD)[^81] and (b) Radio Navigation Land/DME (RNV).[^82] We propose
    to begin licensing new stations using these new codes upon the date
    the rule changes become effective, and to bring existing stations
    into conformance with these new station codes as we receive renewal
    or modification applications.

37. In addition to the rule changes proposed above, we seek comment on
    the broader issue of whether we should eliminate station class codes
    from Part 87 and utilize them solely within the application process.
    Under this approach, we would adopt a licensing approach for the
    Aviation Radio Service analogous to that used in the Private Land
    Mobile Radio Services, which does not have station class codes
    codified in the Commission's rules.[^83] We believe that such an
    action 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.

## Differential Global Positioning System (DGPS)

38. DGPS is an augmentation of the Global Positioning System (GPS), a
    constellation of twenty-four satellites orbiting the earth at an
    altitude of 10,900 miles. GPS was developed by the U.S. military to
    provide tactical location, but has become a major civilian
    \"utility,\" providing enhancements to numerous applications,
    including navigation and survey support, through precise location
    information. However, due to certain technical properties of the
    system, GPS contains some inherent inaccuracy. DGPS corrects this
    problem by using fixed transmitting stations which transmit
    differences in known locations with the position the GPS satellite
    system is indicating, and send this \"differential\" information via
    radio link to mobile units within range of their signals, thus
    allowing a significant increase in the accuracy of the mobile
    unit\'s coordinates.[^84] DGPS is done in two ways: from stations on
    the ground, *e.g.*, Ground Based Augmentation Systems (GBAS)[^85]
    and via satellite, *e.g.*, Space Based Augmentation Systems
    (SBAS).[^86] The Commission, at the request of the FAA, authorized
    the use of DGPS in the 112-118 MHz band in 1999.[^87]

39. Subsequently, the NTIA amended its *Manual* to permit DGPS "on a
    primary basis in the bands 108-117.975 MHz, 1559-1610 MHz, and
    5000-5150 MHz for the specific purpose of transmitting DGPS
    information intended for aircraft navigation."[^88] In addition, the
    FAA recently petitioned the Commission to allow the use of DGPS in
    the 108-117.975 MHz band.[^89] Given that the three bands listed are
    Federal/non-Federal Government shared spectrum, incorporation of
    this provision will affect non-Federal Government services. In order
    to minimize this impact, we propose reclassifying the NTIA's
    proposed footnote G126 as footnote US343[^90] of the FCC's frequency
    allocation table[^91] 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.

40. In addition, we propose granting the FAA's request and expanding the
    authorization for DGPS from the 112-118 MHz band to the 108-117.975
    MHz on a primary basis.[^92] We further propose to change the
    designation of DGPS from developmental technology and begin to
    license DGPS systems, such as GBAS, on a routine non-developmental
    basis. We believe that the wide adoption of this technology by the
    aviation community demonstrates that it should no longer be
    classified as a developmental technology.

41. We tentatively conclude, however, that we should not authorize the
    use of DGPS in the 5000-5150 MHz band because the NTIA recently
    informed us that the FAA has determined that DGPS use of the
    5000-5150 MHz band is not technically feasible.[^93] In summary, we
    propose to authorize the use of DGPS in the 108-117.975 MHz and
    1559-1610 MHz bands, add a clarifying footnote to the Commission's
    frequency allocation table, and begin to license DGPS on a
    non-developmental basis. We seek comment on these proposals.

## Aeronautical Advisory Stations (Unicom) Issues 

42. The Commission established the unicom service in 1950 to provide for
    air-to-ground communications primarily between general aviation
    aircraft and airport facilities.[^94] 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.[^95] Unicom transmissions may include, on a
    secondary basis, communications pertaining to the efficient
    portal-to-portal transit of an aircraft, such as available ground
    transportation, food, and lodging.[^96] Unicoms must provide
    impartial information concerning available ground services, and must
    provide service to any aircraft station upon request and without
    discrimination.[^97]

43. Unicoms may operate at both controlled and uncontrolled
    airports.[^98] Controlled airports are those that are equipped with
    either a control tower, a control tower remote communications outlet
    (RCO), or an FAA flight service station (FSS).[^99] Unicoms at
    controlled airports may not transmit information regarding runway
    conditions, wind, or weather during the hours of operation of the
    controlling facility.[^100] The vast majority of airports in the
    United States are uncontrolled airports.[^101] At uncontrolled
    airports, unicoms are often the only available source of this
    critical safety-related information.

44. Currently we authorize unicom frequencies as either MA (all
    aircraft) or MA2 (private aircraft only). Of the eight frequencies
    designated for unicom use, five are currently designated as
    MA2.[^102] Airports are apparently reluctant to request
    authorization for MA2 frequencies because this would preclude the
    use of the airports by commercial air operations. This business
    decision has reportedly caused congestion in the MA frequencies. In
    order to address this concern, we seek comment as to whether we
    should eliminate the distinction between MA and MA2 and designate
    all unicom frequencies as MA.

45. Our rules currently state that we will assign unicom frequencies
    based upon maximum geographic co-channel separation.[^103] This
    method, however, has led to situations where the channel that
    produces maximum geographic co-channel separation may not be the
    most appropriate channel for a particular airport. In these cases,
    airport managers petition the Commission for another frequency, a
    step that consumes both the airport and the Commission's time and
    resources. In order to reduce these administrative burdens, we
    propose amending 47 C.F.R. § 87.217(a) to require applicants for a
    unicom license to request a specific frequency.

46. Only one unicom station may be authorized at an uncontrolled
    airport.[^104] Consequently, we sometimes receive mutually exclusive
    applications. Our past practice has been to designate competing
    unicom license applications for hearing. We have found this process
    to be lengthy, expensive and inefficient. In addition, we note that
    the Balanced Budget Act of 1997 amended the Communications Act (the
    Act) to require the Commission to use competitive bidding to resolve
    mutually exclusive applications for initial licenses, subject to
    certain exemptions set forth in the statute.[^105] The Act also
    provides that the Commission has an obligation to avoid mutual
    exclusivity in application and licensing proceedings, if it is in
    the public interest to do so, through the use of engineering
    solutions, negotiation, threshold qualifications, service
    regulations, and other means.[^106]

47. As a preliminary matter, we note that none of the statutory
    exemptions from our competitive bidding authority apply to unicoms.
    Specifically, the exemption for public safety radio services is not
    applicable because it applies only to "private internal radio
    services."[^107] A private internal service is one for which the
    licensee does not receive compensation, and all messages are
    transmitted between fixed or mobile stations of the licensee.[^108]
    Unicoms communicate with stations other than those of the licensee.
    Therefore, we tentatively conclude that unicoms are not exempt from
    competitive bidding.[^109] We seek comment on this tentative
    conclusion.

48. Even though they do not come within the exemption for public safety
    radio services, we believe that unicoms at uncontrolled airports, by
    transmitting information regarding runway conditions, wind, and
    weather, provide services that contribute to the safety of life,
    health, and property. Moreover, unicom frequencies are the only
    spectrum on which these services can be provided, so entities
    seeking to perform this function have no other source of
    spectrum.[^110] In most instances in which mutually exclusive
    applications have been filed, one of the applicants is a
    governmental entity. We do not believe that it is appropriate to
    compel governmental entities seeking to operate unicom stations to
    bid against private entities[^111] if there are feasible means of
    avoiding mutual exclusivity.[^112] Consequently, we tentatively
    conclude 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.

49. We seek comment, especially from small entities, on what measures we
    should adopt to avoid mutual exclusivity between unicom
    applications. One alternative is to assign unicom licenses on a
    first-come, first-served basis. Another alternative is to provide
    the airport owner (whether or not a government entity) a priority
    for the license. In addition, we believe that many instances of
    competing applications also could be avoided by providing incumbent
    unicom licensees with a renewal expectancy.[^113] Commenters should
    address these options, which are not mutually exclusive, and may
    also suggest other means. We also seek comment on whether such means
    should be used to avoid mutual exclusivity among non-governmental
    entities, or whether the licensing scheme should permit the filing
    of competing applications by private entities, which would be
    resolved by competitive bidding.

## South San Diego Uncontrolled Airspace Corridor Group

50. The South San Diego Uncontrolled Airspace Corridor Group[^114] is
    currently operating under a general aviation special temporary
    authority (STA) 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 (AMSL) between Imperial Beach,
    California and Tecate, Mexico.[^115] This STA authorizes aircraft
    located in the defined area and involved in parachute jump
    activities to use the frequency to communicate position reports and
    safety information. We granted this STA because of the large amount
    of air traffic in this geographic area (consisting, in large part,
    of air traffic generated by the activities of military, Federal
    Government, and local government entities), coupled with the
    resultant congestion in the aviation frequencies. We note that the
    FAA supports this STA. Since the STA is, by definition, temporary in
    nature, while the conditions that created the need for the STA are
    not temporary in nature, the South San Diego Uncontrolled Airspace
    Corridor Group must reapply for an extension of this STA within six
    months and possibly apply for a new STA after the extension expires.
    We propose to reduce this organization's administrative burden and
    reduce the Commission's workload by codifying 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 in 47 C.F.R. § 87.187. Such a codification would
    be similar to other portions of our rules applicable to other
    geographic areas.[^116] We seek comment on this proposal.

## Charter Aircraft Call Signs

51. 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.[^117] A wet lease is a leasing arrangement
    whereby a person agrees to provide an entire aircraft and at least
    one crewmember. The aircraft in question are U.S.-registered and the
    radio station license of these aircraft is in the name of the
    aircraft owner. Some of the wet lease agreements specify that the
    owner/licensee will not use its name or call sign in communications
    transmissions, but rather the name and call sign of the lessee.
    Apparently this practice is necessitated when the owner/licensee
    does not have operating authority in the foreign country under its
    own name, but is able to operate using the call sign of the
    lessee.[^118]

52. Section 87.107 of the Commission's Rules requires all aircraft
    stations to identify their transmissions by one of several means
    including (1) the aircraft radio station call sign or (2) the type
    of aircraft followed by the characters of the registration marking
    ("N" number) of the aircraft, omitting the prefix letter "N." With
    respect to the aircraft and the aircraft radio station license that
    are the subjects of these wet lease agreements and owned and
    licensed by the U.S. carrier, Section 87.107 requires 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. Thus, any agreement to do otherwise could be deemed
    contrary to our Rules.

53. We recognize that these wet lease agreements represent a prevalent
    industry practice. As part of our ongoing effort to develop
    regulatory schemes that accommodate industry practices that do not
    compromise the underlying purposes of our Rules, we propose to amend
    Section 87.107 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.[^119] We
    seek comment on this proposal.

## Additional Issues 

54. We have observed confusion within segments of the aviation community
    regarding the legal limits of an aircraft license. We seek comment,
    especially from small entities, on how we can better inform all
    segments of the aviation community that an aircraft operating under
    the authority of a station license or licensed by rule may only
    transmit on the frequencies for which the aircraft is eligible.

55. Our rules currently require aircraft stations operating on
    ultralight aircraft to identify themselves by an FCC-assigned
    control number.[^120] Licensing 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. We seek comment on how to
    develop a licensing scheme that would no longer require the
    individual licensing of aircraft stations operating from ultralight
    aircraft without compromising the safety of life and property.

56. As part of our ongoing effort to maintain conformity and accuracy in
    our rules, we propose to amend 47 C.F.R. § 87.173 by adding an
    allocation for radiobeacons in the 525-535 kHz band. This allocation
    exists in the Commission's master frequency table at 47 C.F.R. §
    2.106 but is not reflected in the Aviation Radio Service frequency
    table and applicable rules. As a ministerial matter, we propose the
    following amendments to 47 C.F.R. § 87.173 to correct typographical
    errors: changing the reference to "406.25 MHz" to "406.025 MHz" and
    changing the reference to "510.525 kHz" to "510-525 kHz."

57. We currently allow ground testing of Traffic Alert and Collision
    Avoidance Systems (TCAS) on 1090 MHz through the use of
    waivers.[^121] Because, as we have stated previously, the use of
    waivers is inefficient and resource-intensive, we propose amending
    our rules to codify this use.

58. As part of our ongoing effort to ensure that our rules stay abreast
    of technological advances, conform to the rules governing other
    radio services,[^122] and are responsive to industry needs, we seek
    comment on whether there are other sections of this part that need
    to be revised. Additionally, as part of our ongoing effort to
    streamline our rules, we seek comment as to whether there are
    portions of the Aviation Radio Service rules that should be
    eliminated because they are duplicative, outmoded, or otherwise
    unnecessary.

# Conclusion

59. In view of the foregoing, we propose to amend our Part 87 rules
    to (1) reflect recent technological advances affecting the aviation
    radio service; (2) create greater conformity between these rules and
    other Commission rules; and (3) eliminate regulations that are
    duplicative, outmoded, or otherwise unnecessary. We invite comment
    on these matters and our proposed rules that are appended hereto. We
    also seek comment on any other related modifications to Part 87 that
    would be in the public interest. Finally, we seek comment regarding
    the effect of any proposed aviation rule changes on public safety
    and homeland defense.

# PROCEDURAL MATTERS 

## Ex Parte Rules---Permit-But-Disclose Proceeding

60. This is a permit-but-disclose notice and comment rule making
    proceeding. *Ex parte* presentations are permitted, except during
    the Sunshine Agenda period, provided they are disclosed as provided
    in our Rules.[^123]

## Regulatory Flexibility Act 

61. *Initial Regulatory Flexibility Certification*. We have prepared an
    Initial Regulatory Flexibility Certification concerning the impact
    on small entities of the policies and rules proposed by this
    *Notice*. The Initial Regulatory Flexibility Certification is set
    forth in Appendix B.

## Paperwork Reduction Act of 1995 Analysis

62. This *NPRM* contains either a proposed or modified information
    collection. As part of its continuing effort to reduce paperwork
    burdens, we invite the general public and the Office of Management
    and Budget (OMB) to take this opportunity to comment on the
    information collections contained in this *NPRM*, as required by the
    Paperwork Reduction Act of 1995, Pub. L. No. 104‑13. Comments should
    address: (a) whether the proposed collection of information is
    necessary for the proper performance of the functions of the
    Commission, including whether the information shall have practical
    utility; (b) the accuracy of the Commission\'s burden estimates; (c)
    ways to enhance the quality, utility, and clarity of the information
    collected; and (d) ways to minimize the burden of the collection of
    information on the respondents, including the use of automated
    collection techniques or other forms of information technology.
    Written comments by the public on the proposed and/or modified
    information collections are due at the same time as other comments
    to this *NPRM*. Written comments must be submitted by the Office of
    Management and Budget (OMB) on the proposed and/or modified
    information collections 60 days from the date of publication of this
    *NPRM* in the Federal Register. In addition to filing comments with
    the Secretary, a copy of any comments on the information collections
    contained herein should be submitted to Judy Boley, Federal
    Communications Commission, Room 1-C804, 445 Twelfth Street, S.W.,
    Washington, D.C. 20554, or via the Internet to
    [jboley@fcc.gov]{.underline} and to Edward Springer, OMB Desk
    Officer, 10236 NEOB, 725 17th Street, N.W., Washington, D.C. 20503
    or via the Internet to [Edward.Springer@omb.eop.gov]{.underline}.

## Comment Dates 

63. Pursuant to Sections 1.415 and 1.419 of our Rules, interested
    parties may file comments on or before \[90 days after Federal
    Register publication\] and reply comments on or before \[120 days
    after Federal Register publication\].[^124] Comments may be filed
    using the Commission\'s Electronic Filing System (ECFS) or by filing
    paper copies.[^125]

64. 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, then 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 obtain
    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.

65. 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 sent to the Commission\'s Secretary,
    Magalie Roman Salas, Office of the Secretary, Federal Communications
    Commission, 445 12th St., S.W., Room TW-A325, Washington, D.C.
    20554.

66. Parties who choose to file by paper should also submit their
    comments on diskette. These diskettes should be submitted to Roberto
    Mussenden, Public Safety and Private Wireless Division, Wireless
    Telecommunications Bureau, 445 12th St., S.W., Washington,
    D.C. 20554. Such a submission should be on a 3.5-inch diskette
    formatted in an IBM compatible format using Microsoft Word 97 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 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, Portals II, 445 Twelfth St., S.W., Room CY-B402,
    Washington, D.C. 20554.

## Ordering Clauses

67. Accordingly, IT IS 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), 403, this *Notice of Proposed Rule Making* IS HEREBY
    ADOPTED.

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

## Further Information

69. 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.

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

FEDERAL COMMUNICATIONS COMMISSION

Magalie Roman Salas

Secretary

**APPENDIX A: PROPOSED RULES**

Parts 2 and 87 of title 47 of the Code of Federal Regulations are
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 pages 26 and 44.

b\. In the list of United States (US) Footnotes, add footnote US343.

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

The revisions and additions read as follows:

\* \* \* \* \*

+-----------+-----------+-----------+-----------+-----------+---------+
| S5.175    | 75.4-76   | 75.4-87   | 75.4-88   | 75.4-76   | Public  |
| S5.179    |           |           |           |           | Mobile  |
| S5.184    | FIXED     | FIXED     |           | FIXED     | (22)    |
| S5.187    |           |           |           |           |         |
|           | MOBILE    | MOBILE    |           | MOBILE    | Private |
|           |           |           |           |           | Land    |
|           |           |           |           | NG3 NG49  | Mobile  |
|           |           |           |           | NG56      | (90)    |
|           |           |           |           |           |         |
|           |           |           |           |           | P       |
|           |           |           |           |           | ersonal |
|           |           |           |           |           | Radio   |
|           |           |           |           |           | (95)    |
+-----------+-----------+-----------+-----------+-----------+---------+
|           | 76-88     | S5.182    |           | 76-88     | Br      |
|           |           | S5.183    |           |           | oadcast |
|           | BRO       | S5.188    |           | BRO       | Radio   |
|           | ADCASTING |           |           | ADCASTING | (TV)    |
|           |           |           |           |           |         |
|           | Fixed     |           |           |           | \(73\)  |
|           |           |           |           |           |         |
|           | Mobile    |           |           |           | Au      |
|           |           |           |           |           | xiliary |
|           |           |           |           |           | Broad   |
|           |           |           |           |           | casting |
|           |           |           |           |           |         |
|           |           |           |           |           | \(74\)  |
+-----------+-----------+-----------+-----------+-----------+---------+
|           |           | 87-100    |           |           |         |
|           |           |           |           |           |         |
|           |           | FIXED     |           |           |         |
|           |           |           |           |           |         |
|           |           | MOBILE    |           |           |         |
|           |           |           |           |           |         |
|           |           | BRO       |           |           |         |
|           |           | ADCASTING |           |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+
| 87.5-100  | S5.185    |           |           | NG128     |         |
|           |           |           |           | NG129     |         |
| BRO       |           |           |           | NG149     |         |
| ADCASTING |           |           |           |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+
| S5.190    | 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 |           |           |           |           |         |
|           |           |           |           |           |         |
| S5.192    |           |           |           |           |         |
| S5.194    |           |           |           |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+
| 10        |           |           | 10        |           | A       |
| 8-117.975 |           |           | 8-117.975 |           | viation |
|           |           |           |           |           | (87)    |
| AER       |           |           | AER       |           |         |
| ONAUTICAL |           |           | ONAUTICAL |           |         |
| RADION    |           |           | RADION    |           |         |
| AVIGATION |           |           | AVIGATION |           |         |
|           |           |           |           |           |         |
| S5.197    |           |           | US93      |           |         |
|           |           |           | US343     |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+
| 11        |           |           | 117.975   |           |         |
| 7.975-137 |           |           | -121.9375 |           |         |
|           |           |           |           |           |         |
| AER       |           |           | AER       |           |         |
| ONAUTICAL |           |           | ONAUTICAL |           |         |
| MOBILE    |           |           | MOBILE    |           |         |
| (R)       |           |           | (R)       |           |         |
|           |           |           |           |           |         |
|           |           |           | S5.111    |           |         |
|           |           |           | S5.199    |           |         |
|           |           |           | S5.200    |           |         |
|           |           |           | 591 US26  |           |         |
|           |           |           | US28      |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+
|           |           |           | 121.9375  | 121.9375  |         |
|           |           |           | -123.0875 | -123.0875 |         |
|           |           |           |           | AER       |         |
|           |           |           | 591 US30  | ONAUTICAL |         |
|           |           |           | US31 US33 | MOBILE    |         |
|           |           |           | US80      |           |         |
|           |           |           | US102     | 591 US30  |         |
|           |           |           | US213     | US31 US33 |         |
|           |           |           |           | US80      |         |
|           |           |           |           | US102     |         |
|           |           |           |           | US213     |         |
+-----------+-----------+-----------+-----------+-----------+---------+
|           |           |           | 123.0875  |           |         |
|           |           |           | -123.5875 |           |         |
|           |           |           |           |           |         |
|           |           |           | AER       |           |         |
|           |           |           | ONAUTICAL |           |         |
|           |           |           | MOBILE    |           |         |
|           |           |           |           |           |         |
|           |           |           | S5.200    |           |         |
|           |           |           | 591 US32  |           |         |
|           |           |           | US33      |           |         |
|           |           |           | US112     |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+
| S5.111    |           |           | See next  |           | See     |
| S5.198    |           |           | page for  |           | next    |
| S5.199    |           |           | 123       |           | page    |
| S5.200    |           |           | .5875-137 |           | for     |
| S5.201    |           |           | MHz       |           |         |
| S5.202    |           |           |           |           | 123.5   |
| S5.203    |           |           |           |           | 875-137 |
| S5.203A   |           |           |           |           | MHz     |
| S5.203B   |           |           |           |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+

+-----------+-----------------------+-----------------------+---------+
| 1530-1535 | 1530-1535             | 1530-1535             | A       |
|           |                       |                       | viation |
| SPACE     | SPACE OPERATION       | MOBILE-SATELLITE      | (87)    |
| OPERATION | (space-to-Earth)      | (space-to-Earth)      |         |
|           |                       |                       |         |
| (space-   | MOBILE-SATELLITE      | MARITIME              |         |
| to-Earth) | (space-to-Earth)      | MOBILE-SATELLITE      |         |
|           | S5.353A               | (space-to-Earth)      |         |
| MOBILE-   |                       |                       |         |
| SATELLITE | Earth                 | Mobile (aeronautical  |         |
|           | exploration-satellite | telemetry)            |         |
| (space-   |                       |                       |         |
| to-Earth) | Fixed                 | S5.341 S5.351 US78    |         |
| S5.353A   |                       | US315                 |         |
|           | Mobile S5.343         |                       |         |
| Earth     |                       |                       |         |
| exp       | S5.341 S5.351 S5.354  |                       |         |
| loration- |                       |                       |         |
| satellite |                       |                       |         |
|           |                       |                       |         |
| Fixed     |                       |                       |         |
|           |                       |                       |         |
| Mobile    |                       |                       |         |
| except    |                       |                       |         |
| aer       |                       |                       |         |
| onautical |                       |                       |         |
|           |                       |                       |         |
| mobile    |                       |                       |         |
|           |                       |                       |         |
| S5.341    |                       |                       |         |
| S5.342    |                       |                       |         |
| S5.351    |                       |                       |         |
| S5.354    |                       |                       |         |
+-----------+-----------------------+-----------------------+---------+
| 1535-1559 |                       | 1535-1544             | Sa      |
|           |                       |                       | tellite |
| MOBILE-   |                       | MOBILE-SATELLITE      |         |
| SATELLITE |                       | (space-to-Earth)      | Communi |
| (space-   |                       |                       | cations |
| to-Earth) |                       | MARITIME              | (25)    |
|           |                       | MOBILE-SATELLITE      |         |
|           |                       | (space-to-Earth)      | M       |
|           |                       |                       | aritime |
|           |                       | S5.341 S5.351 US315   | (80)    |
+-----------+-----------------------+-----------------------+---------+
|           |                       | 1544-1545             |         |
|           |                       |                       |         |
|           |                       | MOBILE-SATELLITE      |         |
|           |                       | (space-to-Earth)      |         |
|           |                       |                       |         |
|           |                       | S5.341 S5.356         |         |
+-----------+-----------------------+-----------------------+---------+
|           |                       | 1545-1549.5           | A       |
|           |                       |                       | viation |
|           |                       | AERONAUTICAL          | (87)    |
|           |                       | MOBILE-SATELLITE (R)  |         |
|           |                       |                       |         |
|           |                       | (space-to-Earth)      |         |
|           |                       |                       |         |
|           |                       | Mobile-satellite      |         |
|           |                       | (space-to-Earth)      |         |
|           |                       |                       |         |
|           |                       | S5.341 S5.351 US308   |         |
|           |                       | US309                 |         |
+-----------+-----------------------+-----------------------+---------+
|           |                       | 1549.5-1558.5         |         |
|           |                       |                       |         |
|           |                       | AERONAUTICAL          |         |
|           |                       | MOBILE-SATELLITE (R)  |         |
|           |                       |                       |         |
|           |                       | (space-to-Earth)      |         |
|           |                       |                       |         |
|           |                       | MOBILE-SATELLITE      |         |
|           |                       | (space-to-Earth)      |         |
|           |                       |                       |         |
|           |                       | S5.341 S5.351 US308   |         |
|           |                       | US309                 |         |
+-----------+-----------------------+-----------------------+---------+
| S5.341    |                       | 1558.5-1559           |         |
| S5.353A   |                       |                       |         |
| S5.354    |                       | AERONAUTICAL          |         |
| S5.355    |                       | MOBILE-SATELLITE (R)  |         |
| S5.356    |                       |                       |         |
| S5.357    |                       | (space-to-Earth)      |         |
| S5.357A   |                       |                       |         |
| S5.359    |                       | S5.341 S5.351 US308   |         |
| S5.362A   |                       | US309                 |         |
+-----------+-----------------------+-----------------------+---------+
| 1559-1610 |                       | 1559-1610             |         |
|           |                       |                       |         |
| AER       |                       | AERONAUTICAL          |         |
| ONAUTICAL |                       | RADIONAVIGATION       |         |
| RADION    |                       |                       |         |
| AVIGATION |                       | RADI                  |         |
|           |                       | ONAVIGATION-SATELLITE |         |
| RADIONA   |                       | (space-to-Earth)      |         |
| VIGATION- |                       |                       |         |
| SATELLITE |                       | S5.341 US208 US260    |         |
| (space-   |                       | US343                 |         |
| to-Earth) |                       |                       |         |
|           |                       |                       |         |
| S5.341    |                       |                       |         |
| S5.355    |                       |                       |         |
| S5.359    |                       |                       |         |
| S5.363    |                       |                       |         |
+-----------+-----------------------+-----------------------+---------+

\* \* \* \* \*

UNITED STATES (US) FOOTNOTES

\* \* \* \* \*

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.

#  \* \* \* \* \* {#section .unnumbered}

**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 87.27 is amended 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.

\(b\) Licenses for developmental stations will be issued for a period
not to exceed one year and are subject to change or to cancellation by
the Commission at any time, upon reasonable notice, but without a
hearing.

3.  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.

4.  Section 87.107 is amended by adding paragraph (a)(6) to read as
    follows:

**§ 87.107 Station Identification.**

\* \* \* \* \*

\(a\) \* \* \* \* \*

\(6\) Aircraft operating under Wet Lease Agreements as provided in 14
C.F.R. Part 119 may identify themselves by lessee carrier's call sign,
followed by the suffix "WLA."

5.  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.

6.  Section 87.131 is amended by revising the table to read as follows:

**§ 87.131 Power and emissions.**

\* \* \*

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

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

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

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

  Aircraft Earth.    UHF..........     G1D, G1E, G1W             80 W. ^8^

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

^8^Power may not exceed 80 watts per carrier as measured at the output
of the high power amplifier. The maximum EIRP may not exceed 2000 watts
per carrier.

\* \* \* \* \*

7.  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      Authorized              
                               designator    bandwidth               
                                             (kilohertz)             

                                             Below 50 MHz  Above 50  Frequency
                                                           MHz       deviation

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

  A3E                          8K33A3E                     ^(17)^    

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

  F9D                          5M0F9D                      ^(9)^     

  G1D                          16K0G1D                     20kHz     

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

  G1E^16^                      21K0G1E                     25        

  G1W^16^                      21K0G1W                     25        

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

\* \* \* \* \*

^9^To be specified on license.

\* \* \* \* \*

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

^17^Only authorized for use by aircraft in international flight or for
equipment certification purposes.

\* \* \* \* \*

8.  Section 87.139 is revised by removing paragraph 87.139(i)(2),
    redesignating paragraphs 87.139(i)(3) and paragraph 87.139(i)(4) as
    paragraphs 87.139(i)(2) and paragraph 87.139(i)(3) respectively and
    amending paragraphs 87.139(i)(1) and paragraph 87.139(i)(3) to read
    as follows:

    **§ 87.139 Emission limitations.**

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

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

\(1\) \* \* \*

  ------------------ ----------------------------------------------------
  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/1 MHz

  1585 to 1605       143 dB/1 MHz

  1605 to 1610       117 dB/1 MHz

  1610 to 1610.6     95 dB/MHz

  1610.6 to 1613.8   80 dBW/MHz

  1613.8 to 1614     95 dB/MHz

  1614 to 1626.5     70 dB/4 kHz

  1626.5 to 1660     70 dB/4 kHz^2^

  1660 to 1670       49.5 dB/20 kHz^2^

  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 below the carrier referenced to the
bandwidth indicated, and relative to the maximum emission envelope
level, or 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.

\* \* \* \* \*

\(3\) \* \* \*

  ----------------------------------------- -----------------------------
  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

\* \* \* \* \*

9.  Section 87.147 is amended by adding paragraph (f) and revising
    paragraph (d) 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, 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 as well as a copy of the FAA\'s
subsequent determination of the equipment's compatibility with the
National Airspace System.

\* \* \* \* \*

> \(f\) 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.

10. Section 87.171 is amended by adding, in alphabetical order, the
    symbols and class of station for RLP to read as follows:

**§ 87.171 Class of station symbols.**

\* \* \*

GCO -- Ground Communication Outlet

\* \* \*

RCO -- Remote Communications Outlet

\* \* \* \*

RLD -- RADAR/TEST

\* \* \*

RNV -- Radio Navigation Land/DME

\* \* \*

RPC -- Ramp Control

\*\*\*\*\*

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

**§ 87.173 Frequencies.**

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

\(b\) Frequency table:

  ------------------------- --------- ----------- ------------------------------
  Frequency or frequency    Subpart   Class of    Remarks
  band                                station     

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

  510-535 kHz               Q         RLB         Radiobeacons.

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

  108.000-117.950           Q         RLO         VHF omni-range
  MHz.........                                    

  108.000-117.975           Q         DGP         Differential GPS
  MHz.........                                    

  108.050                   Q         RLT         
  MHz....................                         

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

  1435-1535                 F, J      MA, FAT     Aeronautical telemetry and
  MHz.................                            telecommand operations.

                                                  

  1559-1610                 Q         DGP         Differential GPS
  MHz.................                            

  1559-1626.5               F,Q       MA, RL      Aeronautical radionavigation
  MHz..............                               

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

                                                  
  ------------------------- --------- ----------- ------------------------------

12. Section 87.187 is amended by adding a new paragraph (dd) to read as
    follows:

**§ 87.187 Frequencies.**

\* \* \* \* \*

(dd) The frequency 121.95 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.

13. Section 87.189 is amended by revising paragraphs (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).

\* \* \* \* \*

14. 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:

\* \* \* \* \*

15. 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 ATC 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 radionaviagion land test stations after
> coordination with the FAA. The following conditions apply:

\* \* \* \* \*

**APPENDIX B**

**INITIAL REGULATORY FLEXIBILITY CERTIFICATION**

The Regulatory Flexibility Act (RFA)[^126] requires that an agency
prepare a regulatory flexibility analysis for notice-and-comment
rulemaking proceedings, unless the agency certifies that \"the rule will
not, if promulgated, have a significant economic impact on a substantial
number of small entities.\"[^127] The RFA generally defines "small
entity" as having the same meaning as the terms "small business," "small
organization," and "small governmental jurisdiction."[^128] In addition,
the term "small business" has the same meaning as the term "small
business concern" under the Small Business Act.[^129] 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).[^130]

The Commission originally codified the rules governing the Aviation
Radio Service at Part 9 of its Rules; but in 1963, the Commission moved
them to Part 87, where they reside today.[^131] While there have been
several additions and amendments to the Aviation Radio Service rules,
the Commission has not undertaken an extensive review of these rules
since 1988.[^132] The underlying purpose of this *Notice* is to initiate
and conduct such a review. The Aviation Radio Service consists of three
services: (1) the Aeronautical Mobile Service, which includes
aeronautical advisory stations, aeronautical enroute stations, airport
control 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 Aviation Radio Service is an internationally-allocated family of
radio services designed to enhance and protect the safety of life and
property in air navigation. In this *Notice* we propose to consolidate,
revise, and streamline our Part 87 rules governing the Aviation Radio
Service. These proposed rule changes are designed to ensure that these
rules reflect recent technological advances, as well as ensuring that
these rules are consistent with other Commission rules. We are also
initiating this proceeding to eliminate regulations that are
duplicative, outmoded, or otherwise unnecessary in the Aviation Radio
Service.

The proposals in the *Notice* are intended to reduce the administrative
burden on applicants and entities seeking certification of equipment,
ensure that the Commission's rules reflect the latest technical and
industry standards, and correct typographical or ministerial errors in
the Commission's Rules.[^133] The changes we propose are of an
administrative nature, and will not have a substantial economic impact
on small entities. If there is an economic impact on small entities as a
result of these proposals, however, we expect the impact to be a
positive one.

The Commission therefore certifies, pursuant to the RFA, that the
proposals in this *Notice*, if adopted, will not have a significant
economic impact on a substantial number of small entities. If commenters
believe that the proposals discussed in the *Notice* require additional
RFA analysis, they should include a discussion of these issues in their
comments and additionally label them as RFA comments. The Commission
will send a copy of the *Notice*, including a copy of this initial
certification, to the Chief Counsel for Advocacy of the SBA. In
addition, a copy of the *Notice* and this initial certification will be
published in the Federal Register.[^134]

[^1]: A wet lease is a leasing arrangement whereby a person agrees to
    provide an entire aircraft and at least one crewmember.

[^2]: The Civil Air Patrol is an independent, non-governmental entity,
    created by the act of July 1, 1946. *See* 60 Stat. 346, c. 527, 36
    U.S.C. §§ 201-208. The purpose of the organization is to encourage
    and aid citizens of the United States in contributing their efforts,
    services, and resources in developing aviation and in maintaining
    air supremacy; and encourage and develop by example the voluntary
    contribution of private citizens to the public welfare; provide
    aviation education and training especially to its senior and cadet
    members; encourage and foster civil aviation in local communities;
    provide an organization of private citizens with adequate facilities
    to assist in meeting local and national emergencies; and to assist
    the Department of the Air Force in fulfilling its noncombat programs
    and missions. *See* 36 U.S.C. § 40302.

[^3]: Unicom stations are also referred to as aeronautical advisory
    stations, and are fixed stations used for advisory and civil defense
    communications primarily with private aircraft stations. *See* 47
    C.F.R. § 87.5.

[^4]: *See* Federal Radio Commission, 3^rd^ Annual Report, at 25 (1929).

[^5]: First Order of the Federal Communications Commission, *Order*, 1
    FCC 3, 4 (1935).

[^6]: Reorganization and Revision of Chapter, *Order*, 28 Fed. Reg.
    12386, 12388 (1963).

[^7]: *See* Reorganization and Revision of Part 87 Governing the
    Aviation Services, *Memorandum Opinion and Order*, PR Docket No.
    87-214, 3 FCC Rcd 4171 (1988).

[^8]: The Commission formerly also used the acronym AMSS(R) to refer to
    this service.

[^9]: A 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.

[^10]: *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 (1986).

[^11]: See 47 C.F.R. § 2.106 n.US308.

[^12]: *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 (1986).

[^13]: Footnote US308 was modified to provide AMS(R)S with priority
    access as well as real‑time preemptive capability in the MSS and
    also to require that systems not interoperable with the AMS(R)S
    operate on a secondary basis. *See* Amendment of Parts 2 and 22 of
    the Commission's Rules Relative to Cellular Communications Systems,
    *Memorandum Opinion and Order*, Gen. Docket Nos. 84-1231, 84-1233,
    84-1234, 2 FCC Rcd 6830 (1987).

[^14]: *See* Amendment of Parts 2, 22 and 25 of the Commission's Rules
    to Allocate Spectrum for and to Establish Other Rules and Polices
    Pertaining to the Use of Radio Frequencies in a Land Mobile
    Satellite Service for the Provision of Various Common Carrier
    Services, *Memorandum Opinion, Order and Authorization*, Gen. Docket
    No. 84-1234, 4 FCC Rcd 6041 (1989).

[^15]: *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).

[^16]: RTCA Inc. is an FAA-sponsored association of aeronautical
    organizations of the United States from both government and
    industry. 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 seeking 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 by government agencies in forming aviation policy.
    *See*, *e.g.,* RTCA, RTCA/DO-195 i (1986).

[^17]: ICAO is an international body operating under the auspices of the
    United Nations. Its recommendations, in part, serve as the basis for
    the Aviation Radio Service rules. *See* 47 C.F.R. § 87.1(a)(3).

[^18]: 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,
    5895-96 ¶ 4 (1992).

[^19]: *See* RTCA, RTCA/DO-210D § 2.2.4.2.2 n.3.

[^20]: *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.

[^21]: *See* International Telecommunication Union's *Radio
    Regulations*, Volume 4, Geneva, 1998, ISBN 92-61-05171-5 (ITU Radio
    Regulations) n.S5.367; 47 C.F.R. § 2.106 n.733. While the Commission
    currently allocates the 5150-5250 MHz band as well as the 15.4-15.7
    GHz band to AMS(R)S on a primary basis, the Commission has proposed
    to follow the recommendation of the 1995 World Administrative Radio
    Conference (WARC-95), codified at footnote S5.367 of the ITU Radio
    Regulations, and eliminate the AMS(R)S allocation for the 15.4-15.7
    GHz band and reduce the allocation for AMS(R)S in the 5000-5250 MHz
    band to the 5000-5150 MHz band. *See* Amendment of Parts 2, 25 and
    97 of the Commission's Rules with Regard to the Mobile-Satellite
    Service Above 1 GHz¸ *Notice of Proposed Rulemaking*, ET Docket
    98-142, 13 FCC Rcd 17107, 17115 ¶ 16, 17126 ¶ 32 (1998).

[^22]: *See* 47 C.F.R. § 87.189(d).

[^23]: *See* 47 C.F.R. §§ 2.106 n.US308, 87.187(q).

[^24]: We note, however, that similar to ITU, we are not, at this time,
    considering expanding the full range of protections of specific
    priority and real-time preemptive access protections afforded the
    use of AMS(R)S for the entire 1545-1559 MHz and 1646.5-1660.5 MHz
    bands.

[^25]: Operational control communications are defined in Volume II of
    Annex 10 to the Convention on International Civil Aviation as
    communications required for exercising authority over initiation,
    continuation, diversion or termination of a flight. In other words,
    such communications are used by an organization to directly control
    its aircraft operations.

    Air traffic control communications, on the other hand, relate to the
    safe, and orderly flow of air traffic, i.e., provide safe separation
    of aircraft. In the United States air traffic control services are
    provided by the Federal Aviation Administration (FAA).

[^26]: 47 C.F.R. § 87.261(a).

[^27]: *Id.*

[^28]: *See* 14 C.F.R. §§ 121.99, 121.125.

[^29]: 47 C.F.R. § 87.261(c). Location for the purposes of this rule is
    defined as an area that can be adequately served by the particular
    station. *Id.*

[^30]: *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*).

[^31]: *Id.*

[^32]: *Id.*

[^33]: Functionally, U.S. aeronautical enroute stations (ground
    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.

[^34]: *Id.* at 385 ¶ 11.

[^35]: *Id.* at 386 ¶ 15.

[^36]: *Id.* at 386 ¶ 16 (citing Regulatory Policies Concerning Resale
    and Shared Use of Common Carrier Services and Facilities, *Report
    and Order*, Docket 20097, 60 FCC 2d 261, 298-300 ¶¶ 75-80 (1976)).

[^37]: *See* 47 C.F.R. § 87.261(b).

[^38]: *Aeronautical Enroute Order*, 87 FCC 2d at 386-87 ¶ 17.

[^39]: *Id.*

[^40]: *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*).

[^41]: *See* Comments of SITA in IB Docket 94-142, filed July 9, 1997 at
    n.16.

[^42]: *See Ex Parte* Presentation of SITA in IB Docket 94-142, filed
    Nov. 13, 1997.

[^43]: *See* Opposition to Petition for Partial Reconsideration in IB
    Docket 94-142, filed Feb. 10, 1998, by SITA at 2.

[^44]: *See Ex Parte* Presentation of SITA in IB Docket 94-142, filed
    Oct. 15, 1997.

[^45]: *WTO Proceeding*, 12 FCC Rcd at 23942 ¶ 118.

[^46]: *Id.*

[^47]: *Id.*

[^48]: *See* 47 C.F.R. § 87.109. In 1982, the Commission eliminated the
    requirement for all fixed stations in the Aviation Services to
    maintain station logs, with the exception of those stations
    providing international service in accordance with the provisions of
    Annex 10 to the ICAO Convention. *See* Amendment to Remove Station
    Log Requirements and To Provide for Additional Utilization of
    Specific MHz Frequencies in the Aviation Services, Gen. Docket
    82-182, 47 Fed. Reg. 5682 (FCC 1982).

[^49]: Letter, dated August 17, 2000, from Jerry Wiles, Center Operation
    Manager, San Francisco ARINC, to FCC.

[^50]: *Id.*

[^51]: Paragraph 3.5, Volume II, Annex 10 of the ICAO Convention
    mandates that the following information shall be entered into
    written station logs: a) the name of the agency operating the
    station; b) the identification of the station; the date; the time of
    opening and closing the station; the signature of each operator,
    with the time the operator assumes and relinquishes a watch; f) the
    frequencies being guarded and type of watch (continuous or
    scheduled) being maintained on each frequency; g) except at
    intermediate mechanical relay stations, record of each
    communication, test transmission, or attempted communication showing
    text of communication, time communication completed, station(s)
    communicated with, and frequency used; h) all distress
    communications and action thereon; i) a brief description of
    communications and difficulties; j) a brief description of
    interruption to communications due to equipment failure or other
    troubles, giving the duration of the interruption and the action
    taken; and k) such additional information as may be considered by
    the operator to be of value as part of the record of the station's
    operations*. International Standards and Recommended Practices,
    Aeronautical Telecommunications*, Annex 10 to the Convention on
    Civil Aviation, Vol. II, Aeronautical Radio Frequency Spectrum
    Utilization, Amendment No. 72, International Civil Aviation
    Organization, Montreal, 1997 (ISRP).

[^52]: *See* 47 C.F.R. § 87.147*.*

[^53]: *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 an International Standards and Recommended Practices, it is
    binding on the contracting countries. *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, 5896 n.12 (1992).
    However, contracting countries were not required to implement 8.33
    kHz spacing if their current channel spacing standards provide an
    adequate number of frequencies. ISRP at 6, para. 4.1.2.1. The United
    States has not adopted 8.33 kHz spacing.

[^54]: *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.

[^55]: The implementing countries are Austria, Belgium, France, Germany,
    Luxembourg, Netherlands, Switzerland and the United Kingdom. *Id.*

[^56]: 47 C.F.R. § 87.39; *see also* 47 C.F.R. § 87.145 (requiring, with
    exceptions not relevant here, that radio equipment installed on air
    carrier aircraft must be type certified and must meet FCC and FAA
    requirements).

[^57]: *See* 47 C.F.R. § 87.173(b). We note that while the band
    117.976-137 MHz is allocated to AM(R)S internationally, in the U.S.,
    only the bands 117.975-121.9375 MHz and 123.5875-137 MHz are limited
    to AM(R)S; the band 121.9375-123.5875 MHz is allocated to the
    aeronautical mobile service.

[^58]: Additionally, we note that the emission designators set forth in
    47 C.F.R. § 87.137 do not contemplate 8.33 kHz channel spacing.

[^59]: *See, e.g.*, Wulfsberg Electronic Division, *Order*, 15 FCC Rcd
    10992 (WTB PSWPD 2000).

[^60]: Rockwell Collins, Inc., *Order*, 13 FCC Rcd 2954 (WTB PSPWD
    1998).

[^61]: *See* *Radio Crunch Threatens Air Travel*, Washington Post,
    November 13, 2000, at A1.

[^62]: *Id.*

[^63]: *See* 47 C.F.R. §§ 87.173(b), 87.475(b)(4), (5).

[^64]: *See,* *e.g.,* Rockwell Collins, Inc., *Order*, 14 FCC Rcd 3340
    (WTB PSPWD 1999).

[^65]: The National Airspace System 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). The system operates on
    frequencies set forth at 47 C.F.R. § 87.147(d)(3).

[^66]: *See* 47 C.F.R. § 87.147(d), (d)(1).

[^67]: *See* 47 C.F.R. § 87.147(d)(2).

[^68]: *Id.*

[^69]: *See* 47 C.F.R. § 87.27(a). This proposed amendment also would
    license non-aircraft stations for the same length of time as coast
    stations in the Maritime Radio Services, which perform similar
    functions. *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*)).

[^70]: Under the Commission\'s current fee schedule, the application fee
    for a ten-year license is same as that for a five-year license.
    *See* 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, 15 FCC Rcd
    16673, 16677-78 ¶ 9 (2000) (*Part 90 Biennial Review*).

[^71]: *See id.*

[^72]: *See* 47 C.F.R. § 87.45. Unicom stations are also referred to as
    aeronautical advisory stations and are fixed stations used for
    advisory and civil defense communications primarily with private
    aircraft stations. *See* 47 C.F.R. § 87.5. Radionavigation land
    stations are land stations that assist with navigation using
    radiodetermination.

[^73]: *See Part 90 Biennial Review,* 15 FCC Rcd at 16679 ¶12; *Maritime
    Fourth Report and Order*, 15 FCC Rcd at 22600 ¶ 27.

[^74]: Acceptable emission types are set forth at 47 C.F.R. § 87.131
    using codes defined at 47 C.F.R. § 2.201.

[^75]: 47 C.F.R. § 87.131 *et. seq.*

[^76]: The station class codes are listed at 47 C.F.R. § 87.171.

[^77]: An RCO is an unmanned communication facility remotely controlled
    by air traffic personnel.

[^78]: A GCO is an unstaffed, remotely controlled, ground-to-ground
    communications facility.

[^79]: An RPC is a facility specifically authorized to control the
    movement of aircraft in the defined ramp or apron area of an
    airport.

[^80]: 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.

[^81]: An RLD is a land station operating radar or testing the
    operations of radar.

[^82]: An RNV is equipment (airborne and ground) used to measure the
    slant range distance from the Distance Measuring Equipment (DME)
    navigational aid.

[^83]: The Private Land Mobile Radio Service Rules are codified at Part
    90 of the Commission's Rules. *See* 47 C.F.R. 90 *et. seq.*

[^84]: Amendment of Part 2 of the Commission's Rules To Make
    Non-substantive Revisions to the Table of Frequency Allocations,
    *Memorandum Opinion and Order*, 15 FCC Rcd 3459, 3467-68 n.40 (OET
    1999). DGPS still provides greater accuracy than GPS, even though
    the United States has increased the accuracy of GPS information
    accessible to civilians by ending its practice of intentionally
    degrading GPS signals for national security reasons. *See* Statement
    on the Decision to Stop Degrading Global Positioning System Signals,
    36 Weekly Comp. Pres. Doc. 959960 (May 8, 2000).

[^85]: The FAA operates a GBAS, which it calls a Local Area Augmentation
    System (LAAS), in order to provide aircraft with increased location
    accuracy (to within 10 meters). LAAS transmitters are placed within
    airports to provide specific GPS correction information for the
    landing area.

[^86]: The FAA also operates an SBAS, which it calls 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).

[^87]: *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 (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.

[^88]: *See* NTIA\'s Manual of Regulations and Procedures for Federal
    Radio Frequency Management, January 2000 Edition, at 4-59, 4-94
    (NTIA Manual).

[^89]: *See* Letter, dated September 19, 2000 from George K. Sakai,
    Program Director for Spectrum Policy and Management, FAA to Magalie
    Roman Salas, Secretary, FCC.

[^90]: A footnote of this kind is necessary. DGPS signals are data
    streams transmitted from either a fixed terrestrial location or from
    a satellite. 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 radiowaves. *See* 47 C.F.R. §
    87.5.

[^91]: 47 C.F.R. § 2.106.

[^92]: The previous allocation of 118 MHz represented a rounding error
    in our table, which we propose to correct here.

[^93]: *See* Letter to Chief, Office of Engineering and Technology, FCC,
    from the Associate Administrator, Office of Spectrum Management,
    NTIA, dated May 7, 2001.

[^94]: Amendment of Part 87 of the Commission\'s Rules to Permit
    Automatic Operation of Aeronautical Advisory Stations (Unicoms),
    *Notice of Proposed Rule Making*, WT Docket No. 96-1, 11 FCC Rcd
    1084, 1084 ¶ 2 (1996).

[^95]: 47 C.F.R. § 87.213(b)(1).

[^96]: 47 C.F.R. § 87.213(b)(2).

[^97]: 47 C.F.R. § 87.213(a).

[^98]: At controlled airports, more than one unicom may operate but all
    unicoms share a single frequency, 122.950 MHz. *See* 47 C.F.R. §
    87.217(b). At an uncontrolled airport, only one unicom station may
    be authorized. *See id.*

[^99]: Control towers provide ATC 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). 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). A
    FAA FSS is part of a network of stations that covers all 50 states.
    FSSs provide weather briefings and information on flight facilities,
    and monitor the navigational radio net. John F. Welch, ed., Van
    Sickle\'s Modern Airmanship 737 (1981).

[^100]: 47 C.F.R. § 87.213(b)(1).

[^101]: As of December 31, 2000, there were 19,281 airports in the
    United States. Control towers operated at 496 of these. There were
    75 FAA FSSs and 61 automated flight service stations (AFSSs). FAA
    Administrator\'s Fact Book (Jan. 2001). While the establishment of
    the level of ATC services and navigational facilities at a
    particular airport is left to the discretion of the airport manager,
    the FAA has certain regulatory criteria to which these services and
    facilities must adhere. *See* 14 C.F.R. § 170.

[^102]: *See* 47 C.F.R. §§ 87.173, 87.217.

[^103]: *See* 47 C.F.R. § 87.217(a)(2).

[^104]: 47 C.F.R. § 87.217(b).

[^105]: *See* 47 U.S.C. § 309(j)(2). *See generally* 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), *petitions for reconsideration pending* (*BBA Report and
    Order*). Formerly, only subscriber-based services were auctionable.
    *See* 47 U.S.C. § 309(j)(2) (1996).

[^106]: 47 U.S.C. § 309(j)(6)(E).

[^107]: 47 U.S.C. § 309(j)(2)(A).

[^108]: *BBA Report and Order*, 15 FCC Rcd at 22742 ¶ 67.

[^109]: The other exemptions, for digital television license and
    educational broadcast stations, *see* 47 U.S.C. § 309(j)(2)(B), (C),
    clearly do not apply to unicoms.

[^110]: This is so because unicom transmissions must be compatible with
    aircraft radios.

[^111]: *Cf. BBA Report and Order*, 15 FCC Rcd at 22750 ¶ 83. *But see
    id.* at 22751-52 ¶ 87 (public safety entities may, if they so
    choose, participate in spectrum auctions).

[^112]: Government entities are exempt from the Commission's fee for
    participating in a hearing, *see* 47 C.F.R. § 1.1114(f), so the
    current method of resolving mutually exclusive unicom applications
    does not impact them financially.

[^113]: We note that our auction authority extends only to initial
    licenses, and not to renewals. *See* 47 U.S.C. § 309(j)(1).

[^114]: The South San Diego Uncontrolled Airspace Corridor Group
    consists of Government (*e.g.,* U.S. Customs, USMC Air Traffic
    Procedures at Miramar NAS) and non-Government (*e.g.,* City of San
    Diego-Brown Field Airfield Operations) entities who share a common
    concern regarding air safety in this area.

[^115]: *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."

[^116]: *See, e.g.,* 47 C.F.R. § 87.187(bb), (cc).

[^117]: *See* 14 C.F.R. Part 119.

[^118]: *See* Letter, dated April 5, 2000, from Russ Hammer, Principal
    Operations Inspector, FAA to FCC.

[^119]: See 47 C.F.R. § 80.123(c), which allows associated land stations
    of public coast station licensees to identify themselves by the
    licensee's call sign followed by a unique alphanumeric unit
    identifier.

[^120]: *See* 47 C.F.R. § 87.107(a)(2).

[^121]: 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).

[^122]: See *e.g*,*.* Establishment of Policies and Service Rules for
    the Mobile Satellite Service in the 2 GHz Band, *Report and Order,*
    IB Docket 99-81, 15 FCC Rcd 16127, 16155 ¶ 65 (2000), noting that
    the Aviation Radio Service rules "must be amended or waived" to
    permit operation of AMS(R)S aircraft earth stations in the United
    States in the 2 GHz Mobile Satellite Service frequency bands.

[^123]:
    > *See generally* 47 C.F.R. §§ 1.1202, 1.1203, 1.1206(a).

[^124]: 47 C.F.R. §§ 1.415, 1.419.

[^125]: *See* Electronic Filing of Documents in Rulemaking Proceedings,
    *Report and Order,* GC Docket No. 97-113, 13 FCC Rcd 11322 (1998).

[^126]: *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).

[^127]: *See* 5 U.S.C. § 605(b).

[^128]: 5 U.S.C. § 601(6).

[^129]: 5 U.S.C § 601(3) (incorporating by reference the definition of
    "small business concern" in 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."

[^130]: 15 U.S.C. §632.

[^131]: Reorganization and Revision of Chapter, *Order*, 28 Fed. Reg.
    12386, 12388 (1963).

[^132]: *See* Reorganization and Revision of Part 87 Governing the
    Aviation Services, *Memorandum Opinion and Order*, PR Docket No.
    87-214, 3 FCC Rcd 4171 (1988).

[^133]: For example, we propose to reduce the need for waivers by
    allowing the certification of certain types of transmitters without
    the use of waivers. *See* ¶¶ 22, 28, *supra*. We also seek to ensure
    that the Commission's Rules concerning the technical standards of
    AMS(R)S equipment reflects the latest technical standards. *See* ¶
    7, *supra.* We also propose to correct the Commission's Rules by
    adding an allocation for radiobeacons in the 525-535 kHz band to
    ensure that the Part 87 rules conform to the Part 2 rules.

[^134]: *See* 5 U.S.C. § 605(b).