**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

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

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

**Adopted: October 4, 2006 Released: October 10, 2006**

**Comment Date:** \[90 days after date of publication in the Federal
Register\]

**Reply Comment Date**: \[120 days after date of publication in the
Federal Register\]

By the Commission:

**TABLE OF CONTENTS**

**Heading Paragraph No.**

I. INTRODUCTION AND EXECUTIVE SUMMARY 1

II\. BACKGROUND 4

III\. second report and order 7

A. Universal Access Transceiver Technology 7

B. Aeronautical Mobile Satellite (Route) Service (AMS(R)S) Issues 9

1\. Broadening the AMS(R)S Rules to Accommodate New Systems 9

2\. Licensing Under Part 87 11

3\. Priority and Preemptive Access 15

C. Former Civil Air Patrol (CAP) Frequencies 17

D. Removal of the Radionavigation Allocation in the Ku-Band 19

E. HF Frequency Bands 20

F. Increased Operational Flexibility 22

G. Emergency Watch Emergency Locator Transmitter 23

H. Station Identification of Aircraft Operated by Maintenance Personnel
25

I. Aircraft Stations on Ultralight Aircraft 26

J. Security Control of Air Traffic and Air Navigation Aids (SCATANA) 28

IV\. Second Further Notice of Proposed Rule Making 29

A. AMS(R)S Operations in the 1.6 GHz, 2 GHz, and 5 GHz and Other
Frequency Bands 30

B. AMS(R)S Operations in the VHF Band 33

C. Channel Spacing in the Aeronautical Enroute Service 34

D. Frequencies for Flight Information Services -- Broadcast (FIS-B) 37

E. Frequencies for Air-to-Air Use in Hawaii 38

F. Frequencies for Air-to-Air Use in the Los Angeles Area 39

G. Applicability of the One-Unicom-Per-Airport Rule 40

H. Prohibition of Applications to Assign or Transfer Control of Aircraft
Licenses 41

I. ELTs Operating on the Frequency 121.5 MHz 43

V. CONCLUSION 44

VI\. procedural MATTERS 45

A. Ex Parte Rules - Permit-But-Disclose Proceeding 45

B. Congressional Review Act 46

C. Regulatory Flexibility Act 47

D. Comment Dates 49

E. Paperwork Reduction Act 50

F. Ordering Clauses 51

G. Further Information 56

APPENDIX A - LIST OF COMMENTERS

APPENDIX B - FINAL RULES

APPENDIX C - PROPOSED RULES

APPENDIX D - FINAL REGULATORY FLEXIBILITY ANALYSIS

APPENDIX E - INITIAL REGULATORY FLEXIBILITY ANALYSIS

# INTRODUCTION AND EXECUTIVE SUMMARY

1.  This *Second Report and Order and Second Further Notice of Proposed
    Rule Making* in WT Docket No. 01-289 addresses a number of important
    issues pertaining to the Aviation Radio Service. The Federal
    Communications Commission (Commission or FCC) initiated this
    rulemaking proceeding in 2001 to ensure that Part 87 of the
    Commission's Rules[^1] remains up-to-date and continues to further
    the Commission's goals of accommodating new technologies,
    facilitating the efficient and effective use of the aeronautical
    spectrum, avoiding unnecessary regulation, and, above all, enhancing
    the safety of flight.[^2] In October 2003, the Commission adopted a
    Report and Order (*Report and Order*) and Further Notice of Proposed
    Rule Making (*FNPRM*) in this proceeding, amending several Part 87
    Rules and requesting comment on possible further amendments to Part
    87.[^3] The instant *Second Report and Order* builds on that earlier
    effort, and resolves issues raised in the *FNPRM*. The rule
    amendments adopted herein further the underlying goals of this
    proceeding, most significantly the enhancement of aviation safety,
    and in many cases these rule amendments also promote public safety
    generally and improve our homeland security. The instant *Second
    Further Notice of Proposed Rule Making* invites comment on other
    issues regarding aviation radio, in keeping with our ongoing
    commitment to periodically review and, as needed, revise Part 87 in
    light of relevant developments.

2.  In this *Second Report and* Order, we:

-   authorize the use of Universal Access Transceiver (UAT) technology
    on the frequency 978 MHz;

-   decline to adopt any immediate changes to the Part 87 rules
    governing the Aeronautical Mobile Satellite (Route) Service
    (AMS(R)S)[^4] with respect to technical flexibility, the licensing
    of AMS(R)S in additional frequency bands under Part 87, or priority
    and preemptive access for AMS(R)S communications vis-à-vis public
    correspondence communications and other non-safety-related Mobile
    Satellite Service (MSS) communications;[^5]

-   remove all of the former Civil Air Patrol (CAP) channels from the
    table of frequencies available for assignment under Part 87;

-   remove allocations for radionavigation in the 14000-14400 MHz band;

-   streamline the listing of high frequency (HF) channels in the table
    of frequencies available for assignment under Part 87;

-   provide the Federal Aviation Administration (FAA) with greater
    flexibility in the use of air traffic control (ATC) frequencies;

-   decline to adopt rules that would authorize a new type of emergency
    locator transmitter (ELT) designed to operate on the frequency 121.5
    MHz;

-   adopt rules permitting use of an alternative station identification
    format by aircraft that are being moved by maintenance personnel
    from one airport location to another;

-   eliminate the rule authorizing the assignment of FCC control numbers
    to ultralight aircraft for station identification; and

-   decline at present to make any rule changes pertaining to the Plan
    for the Security Control of Air Traffic and Air Navigation Aids
    (SCATANA).

3.  In the instant *Second Further Notice of Proposed Rule Making*, we:

-   invite further comment on technical standards and regulatory
    provisions for AMS(R)S in the 1.6 GHz, 2 GHz, and 5 GHz frequency
    bands, including whether to revise the AMS(R)S technical standards
    to accommodate additional satellite systems and whether to accord
    priority and preemptive access to AMS(R)S communications in these
    bands;

-   propose to delete a regulatory provision which permits limited use
    of the VHF band for AMS(R)S communications;

-   invite comment on whether the Commission should consider proposing
    rules that would require a transition to 8.33 kHz channelization in
    the aeronautical enroute service;

-   invite comment on whether the Commission should reduce the number of
    frequencies designated for Flight Information Services -- Broadcast
    (FIS-B);

-   propose to codify the terms of special temporary authorizations
    (STAs) permitting the use of specified frequencies for air-to-air
    communications in Hawaii and in the Los Angeles area;

-   propose to clarify the circumstances under which an airport is
    limited to a single aeronautical advisory station (unicom);

-   invite comment on whether the Commission should permit the
    assignment and transfer of control of aircraft radio licenses; and

-   invite comment on whether the Commission should phase out its
    authorization of ELTs designed to operate on 121.5 MHz.

# background

4.  As recounted in the *Report and Order*, the Commission has regulated
    the Aviation Radio Service since the agency's inception in 1934, and
    now shares regulatory oversight responsibilities in this area with
    the FAA.[^6] However, prior to the initiation of this WT Docket No.
    01-289 rulemaking proceeding, a comprehensive review of the
    Commission's Rules governing the Aviation Radio Service had occurred
    only once, in 1988.[^7] The Commission launched such a top-to-bottom
    review of the Aviation Radio Service with the adoption of the *NPRM*
    in October 2001. Based on comments received in response to the
    *NPRM*, the Commission amended a number of Part 87 rules two years
    later in the *Report and Order*. For example, in the *Report and
    Order* the Commission (a) updated certain technical requirements for
    AMS(R)S equipment; (b) permitted the certification of dual channel
    spacing transceivers to accommodate aircraft operating in countries
    that employ 8.33 kHz channel spacing as well as in countries, such
    as the United States, that employ 25 kHz channel spacing; (c)
    extended the license terms of all non-aircraft Aviation Radio
    Service stations from five to ten years; (d) extended the
    construction period for unicoms[^8] and radionavigation land
    stations[^9] to one year; (e) authorized use of the Differential
    Global Positioning System (DGPS)[^10] in the 108-117.975 MHz and
    1559-1610 MHz bands on a non-developmental basis; (f) required DGPS
    receivers to meet minimum interference immunity requirements; (g)
    modified the licensing process for unicoms to avoid mutual
    exclusivity; and (h) retained the rule specifying that there may be
    only one aeronautical enroute station licensee per location,[^11]
    while clarifying the licensee's obligation to provide access to the
    spectrum on a reasonable, nondiscriminatory basis.[^12]

5.  The Commission deferred action on certain other matters that were
    discussed in the *Report and Order*. For example, the Commission
    declined to immediately authorize the use of the 1.6 GHz and 5 GHz
    bands for AMS(R)S under Part 87, reasoning that it should not
    resolve the intertwined issue of whether it should mandate priority
    and preemptive access for AMS(R)S in those bands until the
    resolution of related AMS(R)S issues in another proceeding.[^13] The
    Commission also took no action to address its concerns pertaining to
    the assignment of control numbers for aircraft stations operating on
    ultralight aircraft because, given the absence of comments on the
    issue, there was no basis in the record for taking any remedial
    action.[^14] The Commission accordingly adopted the *FNPRM* to
    augment the record on such issues, and to invite comment on other
    matters that had been brought to the Commission's attention
    subsequent to the adoption of the *NPRM*.

6.  The Commission specifically requested comment in the *FNPRM* on
    whether it should (a) authorize the use of UAT technology on the 978
    MHz frequency; (b) permit AMS(R)S licensees to utilize any emission
    type of their choosing in aeronautical spectrum that is not shared
    with other services, and eliminate all requirements specific to data
    rates and modulation types; (c) accommodate the use of
    non-geostationary satellite networks for AMS(R)S; (d) broaden the
    AMS(R)S rules to better accommodate non-Inmarsat satellite
    systems; (e) adopt additional technical requirements for AMS(R)S to
    protect microwave landing systems (MLS) or for other reasons; (f)
    identify new uses for the frequencies formerly reserved for the
    CAP; (g) remove the radionavigation allocation in the Ku-band; (h)
    expand the availability of ATC spectrum for ground control
    communications; (i) codify the terms of a waiver permitting
    certification and use of a back-up safety device designed to
    supplement conventional 121.5 MHz ELTs; (j) codify the terms of a
    waiver authorizing a special station identification format to be
    used by aircraft being operated by maintenance personnel from one
    location in an airport to another location in the airport; (k)
    terminate the assignment of FCC control numbers to aircraft stations
    on ultralight aircraft; and (l) make changes to regulatory
    provisions pertaining to SCATANA.[^15] We discuss these issues in
    the instant *Second Report and Order*.[^16] In the *Second Further
    Notice of Proposed Rule Making*, the Commission seeks to augment the
    record on some of these issues and invites comment on possible
    additional rule changes that would update and streamline Part 87.
    These are issues that were raised in comments to the *FNPRM* or in a
    separate petition for rulemaking, or that have otherwise come to our
    attention and appear to have some merit.

# second report and order

## Universal Access Transceiver Technology

7.  *Background*. The Commission proposed in the *FNPRM* to amend the
    Part 87 rules to accommodate UAT use of the 978 MHz frequency.[^17]
    UAT is a datalink technology that has been developed to provide
    Automatic Dependent Surveillance -- Broadcast (ADS-B) Service and
    other services.[^18] It has been field-tested extensively in recent
    years, and RTCA, Inc. (RTCA)[^19] has developed Minimum Operational
    Performance Standards (MOPS) for the UAT datalink.[^20] Based on
    this information, the Commission proposed specific rules, set forth
    in Appendix B of the *FNPRM,* authorizing UAT operations on the
    frequency 978 MHz, but it also asked interested parties to address
    the preclusive effect, if any, that such a rule change could have on
    other services, including the possibility of harmful interference to
    other services.[^21] The Commission also asked parties to consider
    whether the Part 87 rules alone need to be amended to accommodate
    UAT, or whether there is also a need to adopt corresponding
    amendments to the Section 2.106[^22] Table of Frequency
    Allocations.[^23]

8.  *Discussion*. We agree with the proponents of UAT that the Part 87
    rules should be amended to permit the use of the frequency 978 MHz
    for UAT-based communications.[^24] The provision of ADS-B and other
    services on a UAT platform would clearly benefit aviation safety.
    Garmin, the only commenter addressing the possible preclusive
    effects of UAT operations on other services, indicates that the
    authorization of UAT as proposed would have no detrimental effect on
    the operation of other equipment, including equipment installed on
    the same aircraft.[^25] This conclusion is buttressed by the
    extensive empirical data that have been obtained through the
    field-testing of UAT in the FAA Alaska Region and at several sites
    within the continental United States, including the FAA Technical
    Center near Atlantic City, New Jersey, NASA's Runway Incursion
    Prevention System test bed at Langley, Virginia, and the Dallas-Ft.
    Worth Airport.[^26] We therefore amend the Part 87 rules to allow
    UAT technology to be used on the frequency 978 MHz, substantially as
    proposed.[^27] Because the definition of the aeronautical
    radionavigation service does not authorize datalinks, we are
    adopting a new United States footnote to the Section 2.106 Table of
    Frequency of Frequency Allocations that authorizes UAT stations to
    operate on the frequency 978 MHz.[^28] The new United States
    footnote, US400, reads as follows:

    US400 The use of the center frequency 978 MHz may be authorized to
    Universal Access Transceiver (UAT) stations on a primary basis for
    the specific purpose of transmitting datalink information in support
    of the Automatic Dependent Surveillance -- Broadcast\
    (ADS-B) Service, Traffic Information Services -- Broadcast (TIS-B),
    and Flight Information Services -- Broadcast (FIS-B).

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

### Broadening the AMS(R)S Rules to Accommodate New Systems

9.  *Background*. In response to the *NPRM*, the Commission received a
    number of comments urging it to modify its rules to permit use of
    additional systems for the provision of AMS(R)S.[^29] Commenters
    also asked the Commission to authorize the use of any emission type
    of the licensee's choosing, and to consider eliminating all
    requirements, other than reporting requirements, that are specific
    to data rates and modulation types.[^30] As a less favored
    alternative to such a far-reaching change in the rules, commenters
    proposed that the Commission at least accommodate code division
    multiple access (CDMA) technology[^31] for AMS(R)S.[^32] In the
    *FNPRM*, the Commission requested comment on these suggestions. The
    Commission specifically asked interested parties to comment on the
    potential interference impact of modifying the AMS(R)S technical
    requirements.[^33] The Commission also questioned the
    appropriateness of providing in Part 87 for such AMS(R)S operations
    in advance of the adoption of international standards for such
    AMS(R)S operations.[^34] Finally, the Commission asked interested
    parties to consider whether additional technical requirements should
    be adopted for AMS(R)S, either to protect co-channel MLS operations
    in the 5 GHz band or for any other reason.[^35]

10. *Discussion*. We conclude that the record in this proceeding
    demonstrates that the adoption of rules in Part 87 to facilitate
    provision of AMS(R)S by additional systems would serve the public
    interest.[^36] Doing so would allow the use of a well-established
    licensing system to expand the options available for aircraft
    operators. However, we also agree with NTIA and ARINC that such rule
    additions should be based on international standards.[^37] The
    record is unclear at this point as to whether such standards are
    sufficiently advanced to permit adoption of such rules. NTIA
    specifically argues that the Part 87 rules should not be amended at
    this time to broaden their applicability to satellite systems other
    than the Inmarsat system because the International Civil Aviation
    Organization (ICAO) has not yet adopted Standards and Recommended
    Practices (SARPs) for such AMS(R)S operations.[^38] Other commenters
    disagree.[^39] Furthermore, in light of market developments
    occurring since the initiation of this proceeding, including the
    abandonment of plans for several proposed MSS systems,[^40] as well
    as the emergence of Ku-band Aeronautical Mobile-Satellite Service
    (AMSS systems),[^41] we conclude that it would be prudent to seek
    additional comment on this issue, and we do so in the *Second
    Further Notice of Proposed Rule Making*.[^42]

### Licensing Under Part 87

11. *Background*. In the *Report and Order*, the Commission considered
    whether it should regulate and license AMS(R)S operations in the 1.6
    GHz and 5 GHz bands under Part 87, just as it already does with
    respect to AMS(R)S operations in the 1545-1559 MHz and 1646.5-1660.5
    MHz bands.[^43] Although commenters unanimously favored such an
    amendment, the Commission decided that it should defer acting on
    this matter until related AMS(R)S issues were addressed in another
    rulemaking proceeding.[^44] The Commission observed that the
    commenters, notwithstanding their unanimity with respect to adding
    the 1.6 GHz and 5 GHz bands to Part 87, were deeply divided as to
    whether the Commission should also mandate priority and pre-emptive
    access for AMS(R)S communications in the 1.6 GHz and 5 GHz bands, as
    it is now mandated in the 1545-1559 MHz and 1646.5-1660.5 MHz bands
    pursuant to footnote US308 to the Table of Frequency
    Allocations.[^45] The Commission reasoned that it should defer a
    decision on this matter until after it addressed certain proposals
    concerning AMS(R)S that had been raised in the Notice of Proposed
    Rule Making in ET Docket No. 02-305,[^46] which was adopted after
    the release of the *NPRM* in this WT Docket No. 01-289
    proceeding.[^47] On November 4, 2003, the Commission released a
    Report and Order in ET Docket No. 02-305, in which it expanded the
    primary allocation in the bands 1545-1549.5 MHz, 1558.5-1559 MHz,
    1646.5-1651 MHz, and 1660-1660.5 MHz from AMS(R)S to all services
    within the MSS, while preserving the status of AMS(R)S.[^48]

12. When it deferred a decision on whether to incorporate the 1.6 GHz
    and 5 GHz frequency bands into the Part 87 rules, the Commission in
    the *FNPRM* invited comment on whether it should amend Part 87 to
    permit the provision of AMS(R)S in any band allocated for MSS, and
    specifically whether it should add the 2 GHz MSS band to Part 87
    with a designation for AMS(R)S.[^49] Boeing had requested this rule
    change, arguing that it would be consistent with a Commission policy
    that AMS(R)S is a type of AMSS, and that AMSS in turn is a type of
    MSS.[^50]

13. *Discussion*. We agree with the majority of the commenters[^51] that
    it would serve the public interest to provide for the licensing of
    the 1.6 GHz, 2 GHz, and 5 GHz bands for AMS(R)S under Part 87. As a
    preliminary matter, we note that providing for Part 87 licensing of
    AMS(R)S in the 1.6 GHz, 2 GHz, and 5 GHz bands is in keeping with
    the Commission's policy that AMS(R)S may be provided in any
    frequency band allocated for MSS.[^52] We believe it would be
    inconsistent with this policy determination to license AMS(R)S under
    Part 87 in some but not all of the frequency bands allocated for
    MSS.[^53] In addition, designating the 1.6 GHz, 2 GHz, and 5 GHz
    frequency bands for AMS(R)S under Part 87 will permit the licensing
    of AMS(R)S aircraft earth stations to the aircraft operator.[^54] We
    note that several commenters address the relationship between
    blanket licensing of aeronautical mobile earth stations under Part
    25 of the Commission's Rules[^55] and earth station licensing under
    Part 87.[^56] Several blanket authorizations have been issued.[^57]
    We disagree with comments[^58] that suggest that blanket licensing
    of the earth stations is inherently inconsistent with Article 29 of
    the 1944 Convention on International Aviation (the Chicago
    Convention), which requires every aircraft in international flight
    to carry a radio license for all radio apparatus installed on the
    aircraft.[^59] The Chicago Convention does not specify the
    particular form in which an authorization must be issued, or that
    all radio apparatus on an aircraft must be listed in a single
    document, but instead simply requires that an aircraft carry
    documentary proof that its radio facilities are duly authorized. We
    intend to continue to provide the option of Part 25 blanket
    licensing for aircraft terminals. However, as noted above, we
    nonetheless believe that the operators of these earth stations also
    should have the option of licensing under Part 87, and that Part 87
    licensing may be particularly important for aircraft earth stations
    providing safety-related services. We believe that providing for
    Part 87 as well as Part 25 licensing of aeronautical mobile earth
    stations best comports with the goals of promoting regulatory parity
    (by avoiding differential licensing treatment of AMS(R)S operations
    based solely on the frequency bands used) and providing clear
    licensing guidance to the aviation industry.

14. We believe, however, that we should first resolve the issues raised
    in this proceeding regarding AMS(R)S operational flexibility, as
    well as priority and preemptive access, before commencing such Part
    87 licensing. We accordingly will defer implementing this policy
    decision to provide for Part 87 licensing of AMS(R)S operations
    across all frequency bands in which AMS(R)S can be provided until
    resolution of the related AMS(R)S flexibility and priority issues.
    We emphasize that it is not our intent to revisit this particular
    decision in the *Second Further Notice of Proposed Rule Making*.
    Rather, we will further examine in the *Second Further Notice of
    Propose Rule Making* only issues regarding AMS(R)S operational
    flexibility and, as discussed *infra*, AMS(R)S priority and
    preemptive access, based on the premise that AMS(R)S operations in
    all frequency bands may be licensed under Part 87. Until those
    associated issues are resolved, providing for Part 87 licensing of
    AMS(R)S in the 1.6 GHz, 2 GHz, and 5 GHz bands would be of little
    benefit, and could be counterproductive if, for example, it were
    necessary to modify a significant number of Part 87 AMS(R)S licenses
    issued in the interim, to reflect the Commission's ultimate
    resolution of these issues.

### Priority and Preemptive Access

15. *Background*. Commenters are uniformly in agreement that AMS(R)S
    systems must provide means for ensuring that critical safety
    messages are completed immediately, and are not delayed due to
    competing communications traffic. Commenters disagree, however, as
    to the specific regulatory provisions needed to achieve this
    goal.[^60] A number of parties argue that priority and preemptive
    access provisions currently applicable to AMS(R)S communications in
    the 1545-1559 MHz and 1646.5-1660.5 MHz bands[^61] should be applied
    without change to AMS(R)S communications in the 1.6 GHz, 2 GHz, and
    5 GHz bands.[^62] Other parties argue that those existing provisions
    are not appropriate for the three additional AMS(R)S bands.[^63]

16. *Discussion*. While the additional comments filed in response to the
    *FNPRM* have assisted us in sharpening the issues, we conclude that
    the record does not provide a firm basis for resolving this issue.
    We therefore seek additional comment in the *Second Further Notice
    of Proposed Rule Making* on any regulatory provisions concerning
    priority and preemptive access, including international regulatory
    provisions, that may be necessary in connection with AMS(R)S
    operations in the 1.6 GHz, 2 GHz, and 5 GHz frequency bands. For
    example, proponents of priority and preemptive access in these bands
    have not adequately addressed why it is essential to mandate such
    priority and preemptive access in the Commission's Rules although it
    is not mandated under the international *Radio Regulations.* The
    ITU, like the Commission, mandates priority and preemptive access
    for AMS(R)S communications in the 1545-1559 MHz and 1646.5-1660.5
    MHz bands, but it has not chosen to mandate such priority and
    preemptive access in the 1.6 GHz, 2 GHz, and 5 GHz frequency bands,
    a circumstance that would seem to undermine claims that providing
    for AMS(R)S priority and preemptive access in the latter bands is
    clearly essential to aviation safety. On the other hand, the
    opponents of a Commission mandate for AMS(R)S priority and
    preemptive access in these frequency bands do not explain in any
    detail the nature of the burden that such a mandate would arguably
    impose on them.[^64] In addition, parties on both sides of the issue
    to date have not discussed in great detail the potential impact of
    an AMS(R)S priority and preemptive access requirement on other
    critical uses of MSS systems, such as homeland security and defense.
    Because we believe the current record does not sufficiently address
    these questions, and because we are deferring adoption of Part 87
    rules to provide for licensing of AMS(R)S in the 1.6 GHz, 2 GHz, and
    5 GHz frequency bands until resolution of other issues, we have
    determined to request further comment in the *Second Further Notice
    of Proposed Rule Making* to supplement the existing record with
    respect to priority and preemptive access.[^65]

## Former Civil Air Patrol (CAP) Frequencies

17. *Background*. In the *Report and Order*, the Commission removed all
    Part 87 references to the CAP as obsolete.[^66] Among the other rule
    amendments it adopted to this end, the Commission removed references
    to the CAP from the Remarks column in the Section 87.173(b)
    frequency table[^67] and, as an interim measure, designated the
    former CAP frequencies as reserved.[^68] In the *FNPRM*, the
    Commission asked commenters whether these frequencies should no
    longer be listed in Section 87.173(b) or whether some or all of the
    frequencies should be reallotted to other Part 87 services.[^69]

18. *Discussion*. We will remove all references to the former CAP
    frequencies from the Section 87.173(b) table because the frequencies
    are not currently available for assignment for aeronautical mobile
    radio service. NTIA supports this proposal.[^70] ARINC agrees that
    most of the former CAP frequencies should be deleted from the table,
    but favors retention of the three 26 MHz channels formerly
    designated for CAP use -- 26618.5 kHz, 26620 kHz, and 26621.5 kHz --
    in reserved status.[^71] ARINC explains that it "recently had
    inquiries about channels in the 25-26 MHz region in support of HF
    datalink."[^72] It therefore asks that we maintain the three 26 MHz
    channels in the Section 87.173(b) table as reserved and "explore the
    reallocation of these frequencies to the Aeronautical Mobile
    Service."[^73] We decline to do so because, as ARINC concedes, these
    26 MHz channels are no more available for aeronautical mobile
    applications than the 4 MHz channels formerly designated for CAP
    stations, so we see no sustainable rationale for treating the 26 MHz
    frequencies differently in this respect. In any event, we can add
    the 26 MHz frequencies back to the table if they are reallocated to
    an aeronautical service, whether to support an HF datalink or
    otherwise, and our removal of the frequencies from the Section
    87.173(b) table at this time does not preclude or prejudice the
    possibility of such a reallocation in the future.

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

19. Based on information submitted by Boeing[^74] indicating that there
    are no present or planned uses of the Ku-band (14.0-14.5 GHz) for
    radionavigation service in ITU Region 2,[^75] the Commission
    proposed in the *FNPRM* to remove the Ku-band allocations for
    radionavigation from the Commission's Rules.[^76] The Commission
    specifically proposed to remove the reference to the 14000-14400 MHz
    band in Section 87.187(x) of the Rules[^77] and also to remove from
    the Table of Frequency Allocations[^78] the allocation for
    radionavigation in the 14000-14200 MHz band.[^79] NTIA and ARINC
    both agree that the Ku-band allocations for radionavigation should
    be eliminated.[^80] The record demonstrates that there is no
    existing or anticipated need to use the Ku-band spectrum for
    radionavigation. We accordingly adopt this Commission proposal.[^81]

## HF Frequency Bands

20. *Background*. In the *FNPRM*, the Commission tentatively agreed with
    two FAA proposals pertaining to the listing of HF frequencies in
    Part 87.[^82] The FAA had proposed, first, that the Commission amend
    the Section 87.173(b) frequency table[^83] by replacing the existing
    HF frequency band listings for aeronautical mobile (route) service
    (AM(R)S) with entries for the encompassing band segments 2850-3025
    kHz, 3400-3500 kHz, 4650-4700 kHz, 5450-5680 kHz, 6525-6685 kHz,
    8815-8965 kHz, 10005-10100 kHz, 11275-11400 kHz, 13260-13360 kHz,
    17900-17970 kHz, and 21924-22000 kHz.[^84] The FAA also proposed
    that the Commission delete the table of international HF frequencies
    in Section 87.263(d) of its Rules[^85] and replace it with a note
    indicating that the subject frequencies are to be used in accordance
    with Appendix 27 of the ITU *Radio Regulations*.[^86] Reasoning that
    these rule amendments would further the goal of harmonizing the Part
    87 Rules with international standards and were otherwise in the
    public interest, the Commission adopted the FAA's proposals as its
    own, and invited comment on them.[^87]

21. *Discussion*. We adopt the first of these proposals, and amend
    Section 87.173(b) by replacing the identified HF frequency bands
    with the entries suggested by the FAA. This streamlining measure is
    supported by both NTIA and ARINC.[^88] However, we conclude that we
    should not adopt the proposal to remove the table of HF frequencies
    in Section 87.263(d). As ARINC observes,[^89] retaining the
    individual listing of international HF frequencies in Part 87
    benefits pilots in the United States by obviating the need for them
    to turn to the less accessible ITU *Radio Regulations* to obtain
    information that is of critical importance for maintaining
    communication with ground stations when flying the major world
    aviation route areas. Although there are benefits to removing the
    listing, such as obviating the need for the Commission to undertake
    a rulemaking whenever the international HF frequency plan is
    modified, we believe that these considerations do not outweigh the
    public interest in maintaining the listing of international HF
    frequencies to ensure that this information is readily available to
    pilots.[^90]

## Increased Operational Flexibility

22. At the FAA's request, the Commission proposed in the *FNPRM* to
    amend Section 87.421 of the Rules,[^91] which lists the frequencies
    available for airport control tower stations, to provide that all
    four of the frequency bands listed in that rule may be used for ATC
    communications, including ground control communications.[^92] In the
    *Report and Order*, the Commission had determined that Section
    87.421 should be amended to remove a restriction that limited the
    use of the frequencies in one of the listed bands, the 121.6-121.95
    MHz band, to communications with ground vehicles and aircraft on the
    ground, and to instead permit the use of those 121.6-121.95 MHz
    frequencies for all general purpose ATC communications, including
    ground control communications.[^93] However, the *Report and Order*
    did not affect the other three frequency bands listed in Section
    87.421 -- the 118-121.4 MHz, 123.6-128.8 MHz, and 132.025-135.975
    MHz frequency bands -- which were neither limited to, nor expressly
    available for, ground control communications. The *FNPRM* proposal
    was intended to give the FAA the same flexibility to use these other
    three frequency bands for general ATC communications, including
    ground control communications, as the *Report and Order* had given
    the FAA with respect to the 121.6-121.95 MHz band.[^94] The proposal
    is supported by NTIA and ARINC,[^95] and is not opposed by any
    commenter. We continue to believe that giving the FAA this
    additional flexibility to manage air traffic control frequencies
    would be beneficial in addressing the increasing congestion on those
    frequencies, particularly with respect to ground control
    communications. We amend Section 87.421 accordingly.[^96]

## Emergency Watch Emergency Locator Transmitter

23. *Background*. The Commission invited comment in the *FNPRM* on
    whether it should revise its rules to make generally available to
    manufacturers the flexibility afforded to Breitling U.S.A., Inc.
    (Breitling) in a waiver[^97] granted in 2000 by the Wireless
    Telecommunications Bureau, Public Safety and Private Wireless
    Division,[^98] to permit the certification of a new safety device
    that would otherwise fail to comply with several of the technical
    requirements applicable to ELTs.[^99] This device for which the
    waiver was granted, the Breitling Emergency Watch, is intended to be
    used by survivors of air crashes to facilitate identification of the
    crash site location by search and rescue personnel. The device,
    which transmits on the frequency 121.5 MHz, is worn on a person's
    wrist, and is activated by breaking a cap and uncoiling an antenna
    from the watch case.[^100] The initial waiver was granted on a
    one-year trial basis, subject to four conditions.[^101] In October
    2001, the one-year limitation was eliminated, and the waiver was
    granted for an indefinite term.[^102] The FAA, the Aircraft Owners
    and Pilots Association, and other commenters supported this
    extension of the waiver on the ground that the Breitling Emergency
    Watch offers significant public safety benefits and did not create
    any significant interference problems during the one-year trial
    period.[^103] In the *FNPRM*, the Commission questioned whether it
    should adopt rules that would routinely permit certification of
    other safety devices similar to the Breitling Emergency Watch,
    perhaps subject to the same safeguards as apply under the terms of
    the *Breitling Waiver Order*, in lieu of relying on the
    administratively more burdensome waiver process to address the
    suitability of such devices on a case-by-case basis.[^104]

24. *Discussion*. The only party commenting on this issue in this
    proceeding is NTIA, which states only that specified safeguards
    should be placed on the operation of any such devices if the
    Commission does indeed codify rules permitting their
    certification.[^105] No manufacturer, vendor or aviation industry
    representative has voiced support for codification of rules
    authorizing such devices.[^106] We therefore conclude that the
    record in this proceeding does not support amending Part 87 to
    codify some or all of the terms of the *Breitling Waiver Order.*
    Moreover, given the upcoming phase-out of the use of the frequency
    121.5 MHz for satellite distress alerting,[^107] it could be
    inappropriate to amend our rules to authorize new equipment
    utilizing that frequency. We therefore see little need for rules to
    authorize devices similar to the Breitling Emergency Watch, and we
    accordingly decline to adopt such rules.

## Station Identification of Aircraft Operated by Maintenance Personnel

25. In the *FNPRM*, the Commission proposed to amend Section 87.107(a)
    of the Rules[^108] to authorize use of a unique station
    identification format for aircraft that are being moved from one
    airport location to another by maintenance personnel.[^109] This
    proposed rule change would essentially codify the terms of a waiver
    of Section 87.107(a) granted by the Public Safety and Private
    Wireless Division in July 2002 to allow aircraft being taxied from
    one airport location to another by maintenance personnel to use a
    station identification consisting of the name of the company owning
    or operating the aircraft, followed by the word "Maintenance" and
    whatever additional alphanumeric characters the licensee deems
    sufficient to avoid duplicative or confusing station
    identifications.[^110] The waiver was requested by the FAA because
    problems in communications between air traffic ground controllers
    and aircraft maintenance personnel moving aircraft within an airport
    were causing runway incursions and other threats to airport
    safety.[^111] NTIA and ARINC fully support the proposed amendment of
    Section 87.107(a) in the name of airport safety,[^112] and no
    commenter opposes it. We agree that this rule change will enhance
    airport safety, and so we amend Section 87.107(a) as proposed.

## Aircraft Stations on Ultralight Aircraft

26. *Background*. Section 87.107(a)(2) of the Commission's Rules
    provides that aircraft stations on ultralight aircraft may use an
    FCC-assigned control number for station identification.[^113] In the
    *NPRM*, the Commission stated that "\[l\]icensing these stations in
    this manner has not only become administratively burdensome, but has
    essentially made the Commission the registrar of ultralight aircraft
    since the FAA does not license ultralight aircraft."[^114] The
    Commission invited comment on whether and how the individual
    licensing of aircraft stations operating from ultralight aircraft
    might be terminated without compromising the safety of life and
    property.[^115] However, no parties filed comments responsive to
    this issue and, as a consequence, the Commission lacked a basis in
    the record to take remedial action of any kind in the *Report and
    Order*.[^116] In the *FNPRM*, therefore, the Commission offered a
    specific proposal to address its concerns. It solicited comment on a
    proposal to simply eliminate the Section 87.107(a)(2) provision
    allowing FCC control numbers to be assigned to ultralight aircraft
    for station identification purposes, reasoning that other station
    identification alternatives are available for ultralight aircraft,
    including the acquisition of "N" numbers.[^117]

27. *Discussion*. We continue to believe that there is no ongoing need
    for the Commission to issue control numbers for station
    identification of stations on ultralight aircraft, and we therefore
    amend Section 87.107 as proposed, and will cease issuing such
    control numbers as of the effective date of the rules adopted
    herein.[^118] In recent years, the licensing staff of the Wireless
    Telecommunications Bureau has had very few requests for control
    numbers. This circumstance, coupled with the absence of any comment
    responsive to the Commission's discussion of this issue in the
    *NPRM*, indicates that there is little demand for control numbers.
    Moreover, the only commenters discussing our *FNPRM* proposal agree
    that ultralight aircraft can acquire "N" numbers for station
    identification, and therefore support the proposal.[^119]

## Security Control of Air Traffic and Air Navigation Aids (SCATANA)

28. Section 87.395 of the Commission's Rules contains provisions
    pertaining to SCATANA, an inter-agency agreement among the FAA, the
    Department of Defense (DoD), and the Commission that authorizes DoD,
    through the FAA, to control the operation of air navigation aids in
    the event of an air defense emergency.[^120] Section 87.395 has not
    been amended in response to SCATANA revisions since 1985.[^121] In
    the *FNPRM*, the Commission questioned whether homeland
    security-related developments warrant any change to SCATANA, Section
    87.395, or the FCC Support Plan which sets forth the procedures to
    be followed when SCATANA is invoked.[^122] We received no comments
    proposing any changes to SCATANA, the rule or the FCC Support Plan.
    ARINC states that "\[t\]he current FCC rules seem to provide
    sufficient flexibility to meet future emergencies."[^123] NTIA
    requests that the Commission not adopt any changes relating to
    SCATANA at this time, noting that the FAA and DoD are currently
    discussing possible revisions of SCATANA but have not yet reached
    any agreement.[^124] We agree with NTIA that it would be premature
    to amend Section 87.395 at this juncture. We will rely on the FAA or
    Executive Branch agencies to inform us if the Commission's Rules
    need to be revised to conform to any changes made to SCATANA.

# second further notice of proposed rule making

29. In this *Second Further Notice of Proposed Rule Making*, we invite
    comment on whether we should further amend Part 87 of the
    Commission's Rules in support of our objectives of streamlining and
    updating the rules, maximizing operational flexibility, promoting
    efficient use of the spectrum, and enhancing aviation safety. We
    seek comment here on matters that were raised in the comments to the
    *FNPRM* or that were otherwise brought to the Commission's attention
    and have been found, at least tentatively, to merit consideration of
    rule changes.[^125] With respect to all of these matters, we ask
    proponents of a particular rule amendment to suggest specific
    implementing language for the rule(s) to be amended. Commenters
    should also consider if the proposed rule change may impose a new
    compliance burden, and, if so, whether that burden reasonably may be
    mitigated or eliminated either for all regulated entities or at
    least for small businesses and other small entities. In addition, we
    ask commenters to address with particularity the impact, if any,
    that the rule change may have on public safety and homeland
    security.

## AMS(R)S Operations in the 1.6 GHz, 2 GHz, and 5 GHz and Other Frequency Bands

30. As discussed above, we have determined that the public interest
    would be served by adopting rules in Part 87 to facilitate provision
    of AMS(R)S by additional systems,[^126] but that we should first
    resolve issues pertaining to the technical and operational
    requirements that should apply to such AMS(R)S operations, including
    whether to require priority and preemptive access for AMS(R)S
    communications in those frequency bands, with the benefit of an
    augmented record.[^127] We accordingly invite additional comment on
    issues pertaining to the extension of Part 87 licensing and other
    rules to AMS(R)S in additional frequency bands. Specifically, we ask
    commenters to refresh and augment the record on how to broaden the
    AMS(R)S rules to accommodate new AMS(R)S providers, *i.e.*,
    satellite systems other than Inmarsat. We seek comment on the status
    of the full range of applicable aviation standards, both
    domestically and internationally. We also seek comment on whether
    there may be other technical or regulatory issues, including
    potential interference to co-frequency or adjacent band services,
    related to the operations of particular systems or in particular
    frequency bands, that might be addressed through Part 87 licensing
    rules.

31. We also invite comment on whether Part 87 licensing should be
    considered for other frequency bands, such as Ku-Band.[^128] We
    specifically seek comment on whether AMS(R)S is an appropriate
    service for frequency bands in which one or more of the MSS links
    involved is allocated on a secondary basis.

32. We also invite further comment concerning priority and preemptive
    access. We specifically seek comment on whether current
    international regulatory provisions applicable to the 1.6 GHz, 2
    GHz, and 5 GHz frequency bands, or any other frequency bands, are
    sufficient in this regard, or whether changes to those provisions
    should be added to the Commission's Rules in order to better
    facilitate and protect AMS(R)S communications. Among the questions
    that should be addressed, as identified earlier,[^129] is the nature
    of the burden, if any, imposed on licensees by mandating priority
    and preemptive access in these additional bands, and justification
    for imposing more stringent Part 87 requirements to protect AMS(R)S
    communications in these bands than the ITU has seen fit to adopt in
    the international *Radio Regulations*, as well as any concerns that
    may stem from having domestic AMS(R)S-related requirements that
    diverge from the international requirements.[^130] We also seek
    comment on the impact of any priority and preemptive access
    requirements for AMS(R)S upon other critical uses, such as homeland
    security and defense uses, that are either currently being provided
    or may be provided in the future to MSS terminals.

## AMS(R)S Operations in the VHF Band

33. Based on the comments of NTIA and ARINC,[^131] we propose to remove
    from the U.S. Table of Frequency Allocations footnote 5.198, which
    allocates the aeronautical VHF band, 117.975-136 MHz, to AMS(R)S on
    a secondary basis.[^132] NTIA and ARINC both recommend removing
    footnote 5.198 on the ground that the 117.975-136 MHz band is too
    congested to accommodate AMS(R)S operations.[^133] We agree that the
    heavy use of the band for the aeronautical communications to which
    it is primarily allocated militates against providing for even
    limited use of the band for AMS(R)S, and we do not believe that it
    is essential for AMS(R)S to have access to the 117.975-136 MHz band,
    given that AMS(R)S may be provided in any frequency band allocated
    for MSS. We invite comment on our proposal to remove footnote 5.198.

## Channel Spacing in the Aeronautical Enroute Service

34. Frequency assignments in the aeronautical enroute service are based
    on 25 kHz spacing,[^134] in keeping with the 25 kHz channelization
    generally used for aeronautical communications in the United
    States.[^135] In Western Europe, however, nations have transitioned
    to 8.33 kHz channel spacing to address increasing congestion on the
    limited amount of VHF spectrum available for aeronautical
    communications.[^136] Noting that the aeronautical enroute service
    is becoming increasingly congested and that channel exhaustion is
    nearing, ARINC submits that the Commission should consider "a
    judicious introduction of 8.33 kHz channeling into the United States
    airspace for the aeronautical enroute service only...."[^137]
    According to ARINC, a reasonable transition to 8.33 kHz-spaced
    channels, coupled with the use of new, spectrally efficient
    technologies such as VHF Data Link Mode 2 (VDL Mode 2),[^138] could
    provide a significant increase in the capacity of the current
    aeronautical enroute communications system.[^139]

35. We request comment on whether the Commission should narrowband the
    aeronautical enroute service channels as proposed by ARINC. Use of
    8.33 kHz channelization may enhance spectrum efficiency, accommodate
    the growing demand for aeronautical enroute service channels, and
    facilitate international interoperability. At the same time, we
    recognize that a transition to 8.33 kHz channelization may entail a
    number of difficulties, such as ensuring interoperability of
    equipment within the United States during the transition. We also
    recognize, as does ARINC, that a transition to 8.33 kHz aeronautical
    enroute service channels, and the attendant need to retrofit
    airplanes already in service, would likely impose substantial
    compliance costs on U.S. air carriers, a number of which are
    currently facing severe financial difficulties and have filed for
    protection under U.S. bankruptcy law.[^140]

36. We seek comment on whether the public interest benefits of a
    mandatory narrowbanding of the aeronautical enroute spectrum would
    outweigh the costs and difficulties that such an effort would
    engender. We seek estimates of projected compliance costs, with an
    explanation of all assumptions on which the estimates are based.
    Commenters should suggest the appropriate duration of the proposed
    transition period(s) and consider whether grandfathering provisions
    of some sort should be adopted to mitigate the costs of retrofitting
    aircraft. We also seek comment on the specific mechanics of a
    transition. Would aircraft be required to have the capability of
    operating on both 8.33 and 25 kHz channels within the United States
    for a period of time? Should transition schedules be staggered based
    on criteria relating to the size of the carrier or the class of
    aircraft? How would ground station coordination occur? Should the
    Commission simply establish a date certain sufficiently far into the
    future on which there would be a flash-cut implementation of 8.33
    kHz channel spacing? What enforcement or other measures should the
    Commission take in the event deadlines are missed? Is there a need
    for a private sector entity to be designated to manage the
    transition? If so, how should that entity be selected and what
    criteria should be used in making that selection? We ask commenters
    to consider these matters and offer their views on the myriad of
    other implementation issues that will need to be addressed. Finally,
    since international interoperability is a significant consideration
    in this matter, we ask commenters to provide information regarding
    the implementation of 8.33 kHz spacing in the United Kingdom and
    Western Europe, and on whether countries in Latin America, Eastern
    Europe, Asia, or Africa, for example, have followed or may follow
    the lead of the United Kingdom and Western Europe. We also ask
    commenters to address whether there are alternative means, short of
    mandatory narrowbanding, to address congestion in this spectrum.

## Frequencies for Flight Information Services -- Broadcast (FIS-B)

37. In 2001, the Commission established rules authorizing the provision
    of FIS-B, a new aeronautical broadcast service that provides
    safety-related and flight planning data to the cockpit via a digital
    data link.[^141] Four frequencies are designated for FIS-B under
    Section 87.187(dd) of the Commission's Rules: 136.425 MHz, 136.450
    MHz, 136.475 MHz, and 136.500 MHz.[^142] The first three of these
    frequencies are ATC frequencies managed by the FAA, while the
    fourth, 136.500 MHz, is an aeronautical operational control
    frequency used by ARINC. ARINC claims that the frequencies 136.475
    MHz and 136.500 MHz are no longer needed for FIS-B, and the
    Commission should amend Section 87.187(dd) to delete the reference
    to 136.500 MHz.[^143] We request comment on whether we should amend
    Section 87.187(dd) as proposed by ARINC. If this amendment of the
    rule is warranted, we question whether we should also delete the
    frequency 136.475 MHz from the rule, as this frequency is no more
    needed for FIS-B than is 136.500 MHz, according to ARINC. We also
    ask commenters if we need to make any related changes to the Part 87
    Rules or the Section 2.106 Table of Frequency Allocations if we
    ultimately determine to remove one or both of the identified
    frequencies from the list of frequencies designated for FIS-B.

## Frequencies for Air-to-Air Use in Hawaii

38. On September 26, 2003, the Hawaii Air Tour Safety Working Group
    (HATSWG) filed a petition for rulemaking asking the Commission to
    amend Section 87.187 of the Commission's Rules[^144] to authorize
    the use of specified frequencies for air-to-air use in Hawaii.[^145]
    The *HATSWG Petition* essentially asks the Commission to codify the
    terms of a Special Temporary Authorization (STA) granted to HATSWG
    by the licensing staff of the Wireless Telecommunications Bureau,
    effective February 1, 2002.[^146] Under the STA, according to
    HATSWG, the specified frequencies have been used as traffic advisory
    frequencies by air-tour operators, both fixed-wing and helicopter,
    other commercial operators, and the general aviation community.
    HATSWG indicates that the consensus of the Hawaiian Islands aviation
    community, including the FAA Flight Standards District Office in
    Honolulu,[^147] is that the specified frequencies "function well to
    facilitate a safe operating environment."[^148] The *HATSWG
    Petition* was placed on public notice on November 17, 2003,[^149]
    and has not been opposed. We now propose to add to Section 87.187 a
    provision effectively codifying the terms of the STA held by HATSWG.
    The use of the specified frequencies for air-to-air communications
    in Hawaii has improved air safety, and there have been no reports of
    objectionable interference in the more than four years that aircraft
    in Hawaii have operated on these frequencies pursuant to the STA. We
    believe that codifying the provisions of the STA may obviate the
    need for HATSWG to repeatedly renew the STA, provide an added
    measure of certainty and stability for the Hawaiian aviation
    community, and facilitate publication of the frequencies in the
    Hawaiian Islands Aeronautical Section Chart and other official
    publications. We note that one of the frequencies requested by
    HATSWG (120.65 MHz) is within the band 117.975-121.9375 MHz, and
    that another of the requested frequencies (127.05 MHz) is within the
    band 123.5875-128.8125 MHz. Because these two frequency bands are
    allocated to the aeronautical mobile (R) service, while the use
    requested by HATSWG is within the aeronautical mobile service, it is
    necessary to authorize the requested use by a new United States
    footnote (USxxx) to the Section 2.106 Table of Frequency
    Allocations. We propose that footnote USxxx read as follows:

    USxxx In Hawaii, the frequencies 120.65 MHz and 127.05 MHz may be
    authorized to non-Federal aircraft stations for air-to-air
    communications as specified in 47 CFR 87.187.

## Frequencies for Air-to-Air Use in the Los Angeles Area

39. On June 17, 2004, the staff of the Wireless Telecommunications
    Bureau granted a request by the Southern California Airspace Users
    Working Group (SCAUWG) to use specified frequencies for air-to-air
    communications in the Los Angeles area.[^150] SCAUWG asserted a need
    for additional air-to-air frequencies in the delineated geographic
    areas because of "intensive aviation training" in those areas.[^151]
    The STA was granted[^152] after SCAUWG successfully coordinated with
    the FAA's Flight Standards Division with respect to the requested
    use of the frequency 121.95 MHz.[^153] To date, we have received no
    reports of objectionable interference stemming from use of the
    specified frequencies pursuant to the STA. We believe that codifying
    the provisions of the STA may obviate the need for SCAUWG to
    repeatedly renew the STA, provide an added measure of certainty and
    stability for the Los Angeles aviation community, and enhance
    aviation safety, particularly in flight training areas. Accordingly,
    we propose on our own motion to add to Section 87.187 a provision
    codifying the terms of the STA granted to SCAUWG.

## Applicability of the One-Unicom-Per-Airport Rule

40. We propose to amend Section 87.215(b) of the Commission's Rules to
    clarify the circumstances under which an airport is limited to a
    single unicom. Section 87.215(b) currently states,

    Only one unicom will be authorized to operate at an airport which
    does not have a control tower, RCO^\[^[^154]^\]^ or FAA flight
    service station. At an airport which has a part-time or full-time
    control tower, RCO or FAA flight service station, the one unicom
    limitation does not apply and the airport operator and all aviation
    services organizations may be licensed to operate a unicom on the
    assigned frequency.[^155]

    The Commission has clarified in recent years that this
    one-unicom-per-airport rule applies whenever the airport's unicom
    frequency serves as the published common traffic advisory frequency
    (CTAF) for the airport, even if the airport has an RCO.[^156] The
    Commission explained in the *Report and Order* that the purpose of
    Section 87.215(b) is to prevent the licensing of more than one
    unicom at an uncontrolled airport in the interest of public
    safety.[^157] Accordingly, we clarify that the rule's statement that
    the limitation does not apply to airports that have a control tower,
    FAA flight service station (FSS), or RCO means only that the
    limitation does not apply to airports with a control tower, FSS, or
    RCO that effectively controls traffic at that airport.[^158] An
    airport with an FSS or RCO may nonetheless be deemed uncontrolled if
    the facility does not have the capacity to issue common traffic
    advisories. Accordingly, multiple unicom licensees are permitted
    only at those airports where there is no need for a specified CTAF
    or the air traffic control facility frequency serves as the
    CTAF.[^159] We propose to amend Section 87.215(b) to codify this
    clarification of the rule's intent that the one-unicom-per-airport
    limitation always applies at an airport where the unicom frequency
    is the published CTAF.

## Prohibition of Applications to Assign or Transfer Control of Aircraft Licenses

41. Under the Commission's Rules, aircraft licenses, unlike most other
    types of wireless radio licenses, may not be assigned or
    transferred.[^160] As a consequence, an entity that holds aircraft
    licenses among other types of wireless radio licenses that it wishes
    to assign or transfer to another entity may not include the aircraft
    licenses on the FCC Form(s) 603 it files to request authorization
    for the assignment or transfer of the non-aircraft licenses.
    Instead, the licensee must submit the aircraft licenses to the
    Commission for cancellation, and the entity wishing to acquire those
    licenses must instead apply for new aircraft licenses in its own
    name. Due to uncertainty as to when the applications for the new
    aircraft licenses will be granted, there may be a need for the
    applicant to request an STA to ensure that the existing aircraft
    radio stations may continue to be used without disruption during the
    interim before the new licenses are granted.

42. The prohibition on assigning or transferring aircraft licenses
    therefore requires applicants and Commission licensing personnel to
    undertake a relatively cumbersome process when control of aircraft
    radio station assets are to change hands, and there appears to be
    little public interest benefit, if any, for continuing the
    prohibition. The need to address this issue is underscored,
    moreover, by the recent bankruptcies of major U.S. air carriers and
    the possibility of additional airline bankruptcy filings in the
    future. When a major air carrier files for bankruptcy protection,
    the problems of working around the prohibition on the assignment or
    transfer of aircraft licenses are magnified both because of the
    large number of aircraft licenses typically involved and because of
    the particular timing issues that attend what the Commission deems
    an involuntary assignment or transfer of control of licenses.[^161]
    We therefore propose to amend Section 1.948 of the Commission's
    Rules to remove the prohibition on the assignment or transfer of
    aircraft licenses. Commenters supporting such an amendment should
    address whether any other of the Commission's Rules should be
    amended in order to permit assignment or transfer of aircraft radio
    station licenses, and whether aircraft license assignments and
    transfers could occur under the same basic regulatory framework, and
    using the same FCC Form 603, as is now used for the assignment and
    transfer of other wireless licenses.

## ELTs Operating on the Frequency 121.5 MHz

43. The COSPAS-SARSAT satellite system (COSPAS/SARSAT) uses satellites
    in low-earth and geostationary orbits to detect and locate aviators,
    mariners, and land-based users in distress.[^162] The satellites
    relay distress signals from emergency beacons, including ELTs,[^163]
    to a network of ground stations and, in the United States,
    ultimately to the U.S. Mission Control Center (USMCC) in Suitland,
    Maryland. The USMCC processes the distress signal and alerts the
    appropriate search and rescue authorities.[^164] In October 2000,
    COSPAS/SARSAT announced that it plans to terminate satellite
    processing of distress signals from 121.5 MHz (and 243 MHz)[^165]
    emergency beacons on February 1, 2009.[^166] It urged those using
    emergency beacons on those frequencies to switch to 406.0-406.1 MHz
    emergency beacons.[^167] In addition, the National Oceanographic and
    Atmospheric Administration (NOAA),[^168] the U.S. Coast Guard, the
    U.S. Air Force, and the National Aeronautical and Space
    Administration, which jointly administer the COSPAS/SARSAT system in
    the United States, strongly advise users of 121.5 MHz beacons to
    switch to 406.0-406.1 MHz beacons.[^169] We seek comment on what
    actions the Commission should take in light of the planned phase-out
    of satellite alerting on frequency 121.5 MHz. While 406.0-406.1 MHz
    ELTs are clearly superior to 121.5 MHz ELTs in important
    respects,[^170] they may be considerably more expensive. In
    addition, we understand that there is some difference of opinion
    within the search and rescue and aviation communities as to whether
    121.5 MHz distress alerting will remain a viable search and rescue
    tool even after the COSPAS/SARSAT phase-out of 121.5 MHz satellite
    reception is completed.[^171] We ask interested parties to provide
    their views on this issue. Commenters should consider, among other
    things, whether the Commission should stop certifying 121.5 MHz ELTs
    and, if so, pursuant to what timeline and subject to what, if any,
    grandfathering protection for devices in service.[^172]

# conclusion

44. In this WT Docket No. 01-289 rulemaking proceeding, the Commission
    has endeavored to "modernize the Part 87 Rules in a manner that will
    enhance aviation safety, facilitate the deployment of new
    technologies, encourage innovation in the aviation and the avionics
    equipment industries, harmonize our Rules with international
    standards, and maximize spectral efficiency while maintaining
    important safeguards against interference"[^173] and also
    harmonizing our rules with those of the FAA. This *Second Report and
    Order* amends a number of Part 87 Rules toward that end, and this
    *Second Further Notice of Proposed Rule Making* proposes and/or
    seeks comment on additional rule changes that may also further the
    objectives of this proceeding.

# procedural matters

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

45. This is a permit-but-disclose notice and comment rulemaking
    proceeding. *Ex parte* presentations are permitted, except during
    the Sunshine Agenda period, provided they are disclosed as provided
    in our Rules.[^174]

## Congressional Review Act

46. The Commission will send a copy of this *Second* *Report and Order
    and Second Further Notice of Proposed Rule Making and Fourth
    Memorandum Opinion* in a report to be sent to Congress and the
    Government Accountability Office pursuant to the Congressional
    Review Act, *see* 5 U.S.C. 801(a)(1)(A).

## Regulatory Flexibility Act 

47. As required by the Regulatory Flexibility Act (RFA),[^175] the
    Commission has prepared a Final Regulatory Flexibility Analysis
    (FRFA) of the rules adopted in the *Second Report and Order* in WT
    Docket No. 01-289. The FRFA for the *Second Report and Order* in WT
    Docket No. 01-289 is contained in Appendix D. The Commission's
    Consumer and Governmental Affairs Bureau, Reference Information
    Center, will send a copy of the *Second Report and Order* in WT
    Docket No. 01-289, including the FRFA, to the Chief Counsel for
    Advocacy of the Small Business Administration, in accordance with
    the RFA.[^176] In addition, the Commission will send a copy of the
    Second Report and Order, including the FRFA, in a report to Congress
    pursuant to the Congressional Review Act.[^177]

48. As required by the RFA,[^178] the Commission has prepared an Initial
    Regulatory Flexibility Analysis (IRFA) of the rules proposed or
    discussed in the *Second Further* *Notice of Proposed Rule Making*
    in WT Docket No. 01-289. The IRFA for the *Second Further* *Notice
    of Proposed Rule Making* in WT Docket No. 01-289 is contained in
    Appendix E. Written public comments are requested on the IRFA. These
    comments must be filed in accordance with the same filing deadlines
    for comments on the *Second Further* *Notice of Proposed Rule
    Making* in WT Docket No. 01-289, and they should have a separate and
    distinct heading designating them as responses to the IRFA. The
    Commission's Consumer and Governmental Affairs Bureau, Reference
    Information Center, will send a copy of the *Second Further* *Notice
    of Proposed Rule Making* in WT Docket No. 01-289, including the
    IRFA, to the Chief Counsel for Advocacy of the Small Business
    Administration, in accordance with the Regulatory Flexibility
    Act.[^179]

## D. Comment Dates  {#d.-comment-dates .unnumbered}

49. Pursuant to sections 1.415 and 1.419 of the Commission's rules, 47
    CFR §§ 1.415, 1.419, interested parties may file comments and reply
    comments on or before the dates indicated on the first page of this
    document. Comments may be filed using: (1) the Commission's
    Electronic Comment Filing System (ECFS), (2) the Federal
    Government's eRulemaking Portal, or (3) by filing paper copies. *See
    Electronic Filing of Documents in Rulemaking Proceedings*, 63 FR
    24121 (1998).

-   Electronic Filers: Comments may be filed electronically using the
    Internet by accessing the ECFS: <http://www.fcc.gov/cgb/ecfs/> or
    the Federal eRulemaking Portal:
    [http://www.regulations.gov](http://www.regulations.gov/). Filers
    should follow the instructions provided on the website for
    submitting comments.

    -   For ECFS filers, if multiple docket or rulemaking numbers appear
        in the caption of this proceeding, filers must transmit one
        electronic copy of the comments for each docket or rulemaking
        number referenced in the caption. In completing the transmittal
        screen, filers should include their full name, U.S. Postal
        Service mailing address, and the applicable docket or rulemaking
        number. Parties may also submit an electronic comment by
        Internet e-mail. To get filing instructions, filers should send
        an e-mail to <ecfs@fcc.gov>, and include the following words in
        the body of the message, "get form." A sample form and
        directions will be sent in response.

```{=html}
<!-- -->
```
-   Paper Filers: 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, filers
    must submit two additional copies for each additional docket or
    rulemaking number.

> Filings can be sent by hand or messenger delivery, by commercial
> overnight courier, or by first-class or overnight U.S. Postal Service
> mail (although we continue to experience delays in receiving U.S.
> Postal Service mail). All filings must be addressed to the
> Commission's Secretary, Office of the Secretary, Federal
> Communications Commission.

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

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

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

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

## E. Paperwork Reduction Act {#e.-paperwork-reduction-act .unnumbered}

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

## F. Ordering Clauses {#f.-ordering-clauses .unnumbered}

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

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

53. IT IS FURTHER ORDERED that the late-filed reply comments of the
    National Telecommunications and Information Administration are
    HEREBY ACCEPTED into the record of this proceeding.

54. IT IS FURTHER ORDERED that the Petition for Rulemaking filed by the
    Hawaii Air Tour Safety Working Group on September 26, 2003,
    RM-10824, is HEREBY GRANTED.

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

## G. Further Information {#g.-further-information .unnumbered}

56. For further information, contact Jeffrey Tobias, Mobility Division,
    Wireless Telecommunications Bureau, (202) 418-1617, or TTY (202)
    418-7233, or via electronic mail at jeff.tobias@fcc.gov.

57. To request materials in accessible formats for people with
    disabilities (Braille, large print, electronic files, audio format),
    send an e-mail to <fcc504@fcc.gov> or call the Consumer &
    Governmental Affairs Bureau at 202-418-0530 (voice), 202-418-0432
    (tty). This *Second* *Report and Order and Second Further Notice of
    Proposed Rule Making* can also be downloaded at:
    http://www.fcc.gov/.

FEDERAL COMMUNICATIONS COMMISSION

Marlene H. Dortch

Secretary

**APPENDIX A**

**Commenting Parties**

(WT Docket No. 01-289)

[Comments]{.underline}

Aeronautical Radio, Inc. (ARINC)

The Boeing Company (Boeing)

Cessna Aircraft Company (Cessna)

Garmin AT, Inc. (Garmin)

National Telecommunications and Information Administration (NTIA)

[Reply Comments]{.underline}

ARINC

Globalstar LLC (Globalstar)

Iridium Satellite, LLC (Iridium)

Rockwell Collins, Inc. (Rockwell Collins)

**APPENDIX B**

**Final Rules**

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

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

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

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

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

a\. Revise pages 29 and 46.

b.  In the list of United States (US) Footnotes, remove footnote US292
    and add footnote US400.

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

The revisions and additions read as follows:

\* \* \* \* \*

+-----------+---------+---------+------------+------------+----+---+
| Table of  |         |         |            |            |    | P |
| Frequency |         |         |            |            |    | a |
| Al        |         |         |            |            |    | g |
| locations |         |         |            |            |    | e |
| 941-1435  |         |         |            |            |    | 2 |
| MHz (UHF) |         |         |            |            |    | 9 |
+-----------+---------+---------+------------+------------+----+---+
| Inte      |         |         | United     |            | F  |   |
| rnational |         |         | States     |            | CC |   |
| Table     |         |         | Table      |            | Ru |   |
|           |         |         |            |            | le |   |
|           |         |         |            |            | P  |   |
|           |         |         |            |            | ar |   |
|           |         |         |            |            | t( |   |
|           |         |         |            |            | s) |   |
+-----------+---------+---------+------------+------------+----+---+
| Region 1  | Region  | Region  | Federal    | N          |    |   |
| Table     | 2 Table | 3 Table | Table      | on-Federal |    |   |
|           |         |         |            | Table      |    |   |
+-----------+---------+---------+------------+------------+----+---+
| (See      |         |         | 941-944    | 941-944    | Pu |   |
| previous  |         |         |            |            | bl |   |
| page)     |         |         | FIXED      | FIXED      | ic |   |
|           |         |         |            |            | Mo |   |
|           |         |         | US268      | US268      | bi |   |
|           |         |         | US301      | US301      | le |   |
|           |         |         | US302 G2   | US302      | (2 |   |
|           |         |         |            | NG120      | 2) |   |
|           |         |         |            |            |    |   |
|           |         |         |            |            | F  |   |
|           |         |         |            |            | ix |   |
|           |         |         |            |            | ed |   |
|           |         |         |            |            | M  |   |
|           |         |         |            |            | ic |   |
|           |         |         |            |            | ro |   |
|           |         |         |            |            | wa |   |
|           |         |         |            |            | ve |   |
|           |         |         |            |            | (  |   |
|           |         |         |            |            | 10 |   |
|           |         |         |            |            | 1) |   |
+-----------+---------+---------+------------+------------+----+---+
| 942-960   | 942-960 | 942-960 |            |            |    |   |
|           |         |         |            |            |    |   |
| FIXED     | FIXED   | FIXED   |            |            |    |   |
|           |         |         |            |            |    |   |
| MOBILE    | MOBILE  | MOBILE  |            |            |    |   |
| except    | 5.317A  | 5.317A  |            |            |    |   |
| aer       |         |         |            |            |    |   |
| onautical |         | BROAD   |            |            |    |   |
| mobile    |         | CASTING |            |            |    |   |
|           |         |         |            |            |    |   |
| 5.317A    |         |         |            |            |    |   |
|           |         |         |            |            |    |   |
| BRO       |         |         |            |            |    |   |
| ADCASTING |         |         |            |            |    |   |
| 5.322     |         |         |            |            |    |   |
+-----------+---------+---------+------------+------------+----+---+
|           |         |         | 944-960    | 944-960    | Pu |   |
|           |         |         |            |            | bl |   |
|           |         |         |            | FIXED      | ic |   |
|           |         |         |            |            | Mo |   |
|           |         |         |            | NG120      | bi |   |
|           |         |         |            |            | le |   |
|           |         |         |            |            | (2 |   |
|           |         |         |            |            | 2) |   |
|           |         |         |            |            |    |   |
|           |         |         |            |            | A  |   |
|           |         |         |            |            | ux |   |
|           |         |         |            |            | il |   |
|           |         |         |            |            | ia |   |
|           |         |         |            |            | ry |   |
|           |         |         |            |            | Br |   |
|           |         |         |            |            | oa |   |
|           |         |         |            |            | dc |   |
|           |         |         |            |            | as |   |
|           |         |         |            |            | ti |   |
|           |         |         |            |            | ng |   |
|           |         |         |            |            | (7 |   |
|           |         |         |            |            | 4) |   |
|           |         |         |            |            |    |   |
|           |         |         |            |            | F  |   |
|           |         |         |            |            | ix |   |
|           |         |         |            |            | ed |   |
|           |         |         |            |            | M  |   |
|           |         |         |            |            | ic |   |
|           |         |         |            |            | ro |   |
|           |         |         |            |            | wa |   |
|           |         |         |            |            | ve |   |
|           |         |         |            |            | (  |   |
|           |         |         |            |            | 10 |   |
|           |         |         |            |            | 1) |   |
+-----------+---------+---------+------------+------------+----+---+
| 5.323     |         | 5.320   |            |            |    |   |
+-----------+---------+---------+------------+------------+----+---+
| 960-1164  |         |         | 960-1164   |            | Av |   |
|           |         |         |            |            | ia |   |
| AER       |         |         | AE         |            | ti |   |
| ONAUTICAL |         |         | RONAUTICAL |            | on |   |
| RADION    |         |         | RADIO      |            | (8 |   |
| AVIGATION |         |         | NAVIGATION |            | 7) |   |
| 5.328     |         |         | 5.328      |            |    |   |
|           |         |         |            |            |    |   |
|           |         |         | US224      |            |    |   |
|           |         |         | US400      |            |    |   |
+-----------+---------+---------+------------+------------+----+---+
| 1164-1215 |         |         | 1164-1215  |            |    |   |
|           |         |         |            |            |    |   |
| AER       |         |         | AE         |            |    |   |
| ONAUTICAL |         |         | RONAUTICAL |            |    |   |
| RADION    |         |         | RADIO      |            |    |   |
| AVIGATION |         |         | NAVIGATION |            |    |   |
| 5.328     |         |         | 5.328      |            |    |   |
|           |         |         |            |            |    |   |
| RADIONA   |         |         | RADIO      |            |    |   |
| VIGATION- |         |         | NAVIGATION |            |    |   |
| SATELLITE |         |         | -SATELLITE |            |    |   |
| (space-   |         |         | (space     |            |    |   |
| to-Earth) |         |         | -to-Earth) |            |    |   |
| (space-   |         |         | (space     |            |    |   |
| to-space) |         |         | -to-space) |            |    |   |
| 5.328B    |         |         |            |            |    |   |
|           |         |         | 5.328A     |            |    |   |
| 5.328A    |         |         | US224      |            |    |   |
+-----------+---------+---------+------------+------------+----+---+
| 1215-1240 |         |         | 1215-1240  | 1215-1240  |    |   |
|           |         |         |            |            |    |   |
| EARTH     |         |         | EARTH      | Earth      |    |   |
| EXP       |         |         | E          | e          |    |   |
| LORATION- |         |         | XPLORATION | xploration |    |   |
| SATELLITE |         |         | -SATELLITE | -satellite |    |   |
| (active)  |         |         |            | (active)   |    |   |
|           |         |         | (active)   |            |    |   |
| RADI      |         |         |            | Space      |    |   |
| OLOCATION |         |         | RAD        | research   |    |   |
|           |         |         | IOLOCATION | (active)   |    |   |
| RADIONA   |         |         | G56        |            |    |   |
| VIGATION- |         |         |            |            |    |   |
| SATELLITE |         |         | RADIO      |            |    |   |
| (space-   |         |         | NAVIGATION |            |    |   |
| to-Earth) |         |         | -SATELLITE |            |    |   |
| (space-   |         |         |            |            |    |   |
| to-space) |         |         | (space     |            |    |   |
| 5.328B    |         |         | -to-Earth) |            |    |   |
| 5.329     |         |         | (space     |            |    |   |
| 5.329A    |         |         | -to-space) |            |    |   |
|           |         |         |            |            |    |   |
| SPACE     |         |         | G132       |            |    |   |
| RESEARCH  |         |         |            |            |    |   |
| (active)  |         |         | SPACE      |            |    |   |
|           |         |         | RESEARCH   |            |    |   |
| 5.330     |         |         | (active)   |            |    |   |
| 5.331     |         |         |            |            |    |   |
| 5.332     |         |         | 5.332      |            |    |   |
+-----------+---------+---------+------------+------------+----+---+
| 1240-1300 |         |         | 1240-1300  | 1240-1300  | A  |   |
|           |         |         |            |            | ma |   |
| EARTH     |         |         | AE         | AE         | te |   |
| EXP       |         |         | RONAUTICAL | RONAUTICAL | ur |   |
| LORATION- |         |         | RADIO      | RADIO      | (9 |   |
| SATELLITE |         |         | NAVIGATION | NAVIGATION | 7) |   |
| (active)  |         |         |            |            |    |   |
|           |         |         | EARTH      | Earth      |    |   |
| RADI      |         |         | E          | e          |    |   |
| OLOCATION |         |         | XPLORATION | xploration |    |   |
|           |         |         | -SATELLITE | -satellite |    |   |
| RADIONA   |         |         |            | (active)   |    |   |
| VIGATION- |         |         | (active)   |            |    |   |
| SATELLITE |         |         |            | Space      |    |   |
| (space-   |         |         | RAD        | research   |    |   |
| to-Earth) |         |         | IOLOCATION | (active)   |    |   |
| (space-   |         |         | G56        |            |    |   |
| to-space) |         |         |            | Amateur    |    |   |
| 5.328B    |         |         | SPACE      |            |    |   |
| 5.329     |         |         | RESEARCH   | 5.282      |    |   |
| 5.329A    |         |         | (active)   |            |    |   |
|           |         |         |            |            |    |   |
| SPACE     |         |         | 5.332      |            |    |   |
| RESEARCH  |         |         | 5.335      |            |    |   |
| (active)  |         |         |            |            |    |   |
|           |         |         |            |            |    |   |
| Amateur   |         |         |            |            |    |   |
|           |         |         |            |            |    |   |
| 5.282     |         |         |            |            |    |   |
| 5.330     |         |         |            |            |    |   |
| 5.331     |         |         |            |            |    |   |
| 5.332     |         |         |            |            |    |   |
| 5.335     |         |         |            |            |    |   |
| 5.335A    |         |         |            |            |    |   |
+-----------+---------+---------+------------+------------+----+---+
| 1300-1350 |         |         | 1300-1350  | 1300-1350  | Av |   |
|           |         |         |            |            | ia |   |
| AER       |         |         | AE         | AE         | ti |   |
| ONAUTICAL |         |         | RONAUTICAL | RONAUTICAL | on |   |
| RADION    |         |         | RADIO      | RADIO      | (8 |   |
| AVIGATION |         |         | NAVIGATION | NAVIGATION | 7) |   |
| 5.337     |         |         |            |            |    |   |
|           |         |         | 5.337      | 5.337      |    |   |
| RADI      |         |         |            |            |    |   |
| OLOCATION |         |         | Rad        | US342      |    |   |
|           |         |         | iolocation |            |    |   |
| RADIONA   |         |         | G2         |            |    |   |
| VIGATION- |         |         |            |            |    |   |
| SATELLITE |         |         | US342      |            |    |   |
| (Earth-   |         |         |            |            |    |   |
| to-space) |         |         |            |            |    |   |
|           |         |         |            |            |    |   |
| 5.149     |         |         |            |            |    |   |
| 5.337A    |         |         |            |            |    |   |
+-----------+---------+---------+------------+------------+----+---+
| 1350-1400 | 13      |         | 1350-1390  | 1350-1390  |    |   |
|           | 50-1400 |         |            |            |    |   |
| FIXED     |         |         | FIXED      | 5.334      |    |   |
|           | RADIOL  |         |            | 5.339      |    |   |
| MOBILE    | OCATION |         | MOBILE     | US311      |    |   |
|           |         |         |            | US342      |    |   |
| RADI      |         |         | RAD        |            |    |   |
| OLOCATION |         |         | IOLOCATION |            |    |   |
|           |         |         | G2         |            |    |   |
|           |         |         |            |            |    |   |
|           |         |         | 5.334      |            |    |   |
|           |         |         | 5.339      |            |    |   |
|           |         |         | US311      |            |    |   |
|           |         |         | US342 G27  |            |    |   |
|           |         |         |            |            |    |   |
|           |         |         | G114       |            |    |   |
+-----------+---------+---------+------------+------------+----+---+

+----------+-----------+-----------+-----------+-----------+---------+
| 5.487    | 12.2-12.7 | 12.2-12.5 | 1         | 12.2-12.7 | Sa      |
| 5.487A   |           |           | 2.2-12.75 |           | tellite |
| 5.492    | FIXED     | FIXED     |           | FIXED     | Communi |
|          |           |           |           |           | cations |
|          | MOBILE    | FIXED-    |           | BROA      | (25)    |
|          | except    | SATELLITE |           | DCASTING- |         |
|          | aer       | (space-   |           | SATELLITE | Fixed   |
|          | onautical | to-Earth) |           |           | Mi      |
|          | mobile    |           |           |           | crowave |
|          |           | MOBILE    |           |           | (101)   |
|          | BRO       | except    |           |           |         |
|          | ADCASTING | aer       |           |           |         |
|          |           | onautical |           |           |         |
|          | BROA      | mobile    |           |           |         |
|          | DCASTING- |           |           |           |         |
|          | SATELLITE | BRO       |           |           |         |
|          |           | ADCASTING |           |           |         |
|          |           |           |           |           |         |
|          |           | 5.484A    |           |           |         |
|          |           | 5.487     |           |           |         |
+----------+-----------+-----------+-----------+-----------+---------+
| 12       | 5.487A    | 1         |           |           |         |
| .5-12.75 | 5.488     | 2.5-12.75 |           |           |         |
|          | 5.490     |           |           |           |         |
| FIXED-S  | 5.492     | FIXED     |           |           |         |
| ATELLITE |           |           |           |           |         |
| (s       |           | FIXED-    |           |           |         |
| pace-to- |           | SATELLITE |           |           |         |
|          |           | (space-   |           |           |         |
| Earth)   |           | to-Earth) |           |           |         |
| 5.484A   |           |           |           |           |         |
| (Earth-t |           | 5.484A    |           |           |         |
| o-space) |           |           |           |           |         |
|          |           | MOBILE    |           |           |         |
|          |           | except    |           |           |         |
|          |           | aer       |           |           |         |
|          |           | onautical |           |           |         |
|          |           | mobile    |           |           |         |
|          |           |           |           |           |         |
|          |           | BROA      |           |           |         |
|          |           | DCASTING- |           |           |         |
|          |           | SATELLITE |           |           |         |
|          |           |           |           |           |         |
|          |           | 5.493     |           |           |         |
+----------+-----------+-----------+-----------+-----------+---------+
|          |           |           |           | 5.487A    |         |
|          |           |           |           | 5.488     |         |
|          |           |           |           | 5.490     |         |
+----------+-----------+-----------+-----------+-----------+---------+
|          | 1         |           |           | 1         | Sa      |
|          | 2.7-12.75 |           |           | 2.7-12.75 | tellite |
|          |           |           |           |           | Communi |
|          | FIXED     |           |           | FIXED     | cations |
|          |           |           |           | NG118     | (25)    |
|          | FIXED-    |           |           |           |         |
|          | SATELLITE |           |           | FIXED-    | Au      |
|          | (Earth-   |           |           | SATELLITE | xiliary |
|          | to-space) |           |           |           | Broad   |
|          |           |           |           | (Earth-   | casting |
|          | MOBILE    |           |           | to-space) | (74)    |
|          | except    |           |           |           |         |
|          | aer       |           |           | MOBILE    | Cable   |
|          | onautical |           |           |           | TV      |
|          | mobile    |           |           |           | Relay   |
|          |           |           |           |           | (78)    |
|          |           |           |           |           |         |
|          |           |           |           |           | Fixed   |
|          |           |           |           |           | Mi      |
|          |           |           |           |           | crowave |
|          |           |           |           |           | (101)   |
+----------+-----------+-----------+-----------+-----------+---------+
| 5.494    |           |           |           |           |         |
| 5.495    |           |           |           |           |         |
| 5.496    |           |           |           |           |         |
+----------+-----------+-----------+-----------+-----------+---------+
| 12.      |           |           | 12        | 12        |         |
| 75-13.25 |           |           | .75-13.25 | .75-13.25 |         |
|          |           |           |           |           |         |
| FIXED    |           |           | US251     | FIXED     |         |
|          |           |           |           | NG118     |         |
| FIXED-S  |           |           |           |           |         |
| ATELLITE |           |           |           | FIXED-    |         |
| (Earth-t |           |           |           | SATELLITE |         |
| o-space) |           |           |           |           |         |
| 5.441    |           |           |           | (Earth-   |         |
|          |           |           |           | to-space) |         |
| MOBILE   |           |           |           | 5.441     |         |
|          |           |           |           | NG104     |         |
| Space    |           |           |           |           |         |
| research |           |           |           | MOBILE    |         |
| (deep    |           |           |           |           |         |
| space)   |           |           |           | US251     |         |
| (space-t |           |           |           | NG53      |         |
| o-Earth) |           |           |           |           |         |
+----------+-----------+-----------+-----------+-----------+---------+
| 13       |           |           | 1         | 1         | A       |
| .25-13.4 |           |           | 3.25-13.4 | 3.25-13.4 | viation |
|          |           |           |           |           | (87)    |
| EARTH    |           |           | EARTH     | AER       |         |
| EXPLO    |           |           | EXP       | ONAUTICAL |         |
| RATION-S |           |           | LORATION- |           |         |
| ATELLITE |           |           |           | RADION    |         |
| (active) |           |           | SATELLITE | AVIGATION |         |
|          |           |           | (active)  | 5.497     |         |
| AERO     |           |           |           |           |         |
| NAUTICAL |           |           | AER       | Earth     |         |
| RADIONA  |           |           | ONAUTICAL | exp       |         |
| VIGATION |           |           |           | loration- |         |
| 5.497    |           |           | RADION    | satellite |         |
|          |           |           | AVIGATION | (active)  |         |
| SPACE    |           |           | 5.497     |           |         |
| RESEARCH |           |           |           | Space     |         |
| (active) |           |           | SPACE     | research  |         |
|          |           |           | RESEARCH  | (active)  |         |
| 5.498A   |           |           | (active)  |           |         |
| 5.499    |           |           |           |           |         |
|          |           |           | 5.498A    |           |         |
+----------+-----------+-----------+-----------+-----------+---------+
| 13       |           |           | 1         | 1         | Private |
| .4-13.75 |           |           | 3.4-13.75 | 3.4-13.75 | Land    |
|          |           |           |           |           | Mobile  |
| EARTH    |           |           | EARTH     | Earth     | (90)    |
| EXPLO    |           |           | EXP       | exp       |         |
| RATION-S |           |           | LORATION- | loration- |         |
| ATELLITE |           |           |           | satellite |         |
| (active) |           |           | SATELLITE | (active)  |         |
|          |           |           | (active)  |           |         |
| RADIO    |           |           |           | Radi      |         |
| LOCATION |           |           | RADI      | olocation |         |
|          |           |           | OLOCATION |           |         |
| SPACE    |           |           | G59       | Space     |         |
| RESEARCH |           |           |           | research  |         |
| 5.501A   |           |           | SPACE     |           |         |
|          |           |           | RESEARCH  | Standard  |         |
| Standard |           |           | (active)  | frequency |         |
| f        |           |           |           | and time  |         |
| requency |           |           | 5.501A    |           |         |
| and time |           |           |           | signal-   |         |
| signal-s |           |           | Standard  | satellite |         |
| atellite |           |           | frequency | (Earth-   |         |
| (Earth-t |           |           | and time  | to-space) |         |
| o-space) |           |           |           |           |         |
|          |           |           | signal-   |           |         |
| 5.499    |           |           | satellite |           |         |
| 5.500    |           |           | (Earth-   |           |         |
| 5.501    |           |           | to-space) |           |         |
| 5.501B   |           |           |           |           |         |
|          |           |           | 5.501B    |           |         |
+----------+-----------+-----------+-----------+-----------+---------+
| 13.75-14 |           |           | 13.75-14  | 13.75-14  | Sa      |
|          |           |           |           |           | tellite |
| FIXED-S  |           |           | RADI      | FIXED-    | Communi |
| ATELLITE |           |           | OLOCATION | SATELLITE | cations |
| (Earth-t |           |           | G59       |           | (25)    |
| o-space) |           |           |           | (Earth-   |         |
| 5.484A   |           |           | Standard  | to-space) | Private |
|          |           |           | frequency | US337     | Land    |
| RADIO    |           |           | and time  |           | Mobile  |
| LOCATION |           |           |           | Radi      | (90)    |
|          |           |           | signal-   | olocation |         |
| Earth    |           |           | satellite |           |         |
| explo    |           |           | (Earth-   | Standard  |         |
| ration-s |           |           | to-space) | frequency |         |
| atellite |           |           |           | and time  |         |
|          |           |           | Space     |           |         |
| Standard |           |           | research  | signal-   |         |
| f        |           |           | US337     | satellite |         |
| requency |           |           |           | (Earth-   |         |
| and time |           |           | US356     | to-space) |         |
| signal-s |           |           | US357     |           |         |
| atellite |           |           |           | Space     |         |
| (Earth-t |           |           |           | research  |         |
| o-space) |           |           |           |           |         |
|          |           |           |           | US356     |         |
| Space    |           |           |           | US357     |         |
| research |           |           |           |           |         |
|          |           |           |           |           |         |
| 5.499    |           |           |           |           |         |
| 5.500    |           |           |           |           |         |
| 5.501    |           |           |           |           |         |
| 5.502    |           |           |           |           |         |
| 5.503    |           |           |           |           |         |
+----------+-----------+-----------+-----------+-----------+---------+
| 14-14.25 |           |           | 14-14.2   | 14-14.2   | Sa      |
|          |           |           |           |           | tellite |
| FIXED-S  |           |           | Space     | FIXED-    | Communi |
| ATELLITE |           |           | research  | SATELLITE | cations |
| (Earth-t |           |           |           |           | (25)    |
| o-space) |           |           |           | (Earth-   |         |
| 5.457A   |           |           |           | to-space) |         |
| 5.457B   |           |           |           | NG183     |         |
| 5.484A   |           |           |           |           |         |
| 5.506    |           |           |           | Mobile-   |         |
| 5.506B   |           |           |           | satellite |         |
|          |           |           |           | (Earth-   |         |
| RADIONA  |           |           |           | to-space) |         |
| VIGATION |           |           |           |           |         |
| 5.504    |           |           |           | Space     |         |
|          |           |           |           | research  |         |
| Mobile-s |           |           |           |           |         |
| atellite |           |           |           |           |         |
| (Earth-t |           |           |           |           |         |
| o-space) |           |           |           |           |         |
| 5.504C   |           |           |           |           |         |
| 5.506A   |           |           |           |           |         |
|          |           |           |           |           |         |
| Space    |           |           |           |           |         |
| research |           |           |           |           |         |
+----------+-----------+-----------+-----------+-----------+---------+
| 5.504A   |           |           | Page 46   |           |         |
| 5.505    |           |           |           |           |         |
+----------+-----------+-----------+-----------+-----------+---------+

[United States (US) Footnotes]{.smallcaps}

\* \* \* \* \*

US400 The use of the center frequency 978 MHz may be authorized to
Universal Access Transceiver (UAT) stations on a primary basis for the
specific purpose of transmitting datalink information in support of the
Automatic Dependent Surveillance -- Broadcast (ADS-B) Service, Traffic
Information Services -- Broadcast (TIS-B), and Flight Information --
Broadcast (FIS-B).

\* \* \* \* \*

**PART 87---AVIATION SERVICES**

3.  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.**

4.  Section 87.5 is amended by adding entries in alphabetical order for
    "Automatic Dependent Surveillance -- Broadcast (ADS-B) Service,"
    "Traffic Information Services -- Broadcast (TIS-B) Service" and
    "Universal Access Transceiver (UAT)" to read as follows:

**§ 87.5 Definitions.**

\* \* \* \* \*

[Automatic Dependent Surveillance -- Broadcast (ADS-B)
Service]{.underline}. Broadcast transmissions from aircraft, supporting
aircraft-to-aircraft or aircraft-to-ground surveillance applications,
including position reports, velocity vector, intent and other relevant
information about the aircraft.

\* \* \* \* \*

[Traffic Information Services -- Broadcast (TIS-B)]{.underline}. Traffic
information broadcasts derived from ground-based radar systems.

\* \* \* \* \*

[Universal Access Transceiver (UAT)]{.underline}. A radio datalink
system authorized to operate on the frequency 978 MHz to support
Automatic Dependent Surveillance -- Broadcast (ADS-B) Service, Traffic
Information Services -- Broadcast (TIS-B) and Flight Information Service
-- Broadcast (FIS-B).

5.  Section 87.107 is amended by removing paragraph (a)(2),
    redesignating paragraphs (a)(3) through (a)(5) as (a)(2) through
    (a)(4), and revising paragraph (a)(2) to read as follows:

**§ 87.107 Station identification.**

\(a\) \* \* \*

\(2\) The type of aircraft followed by the characters of the
registration marking (\"N\" number) of the aircraft, omitting the prefix
letter \"N.\" When communication is initiated by a ground station, an
aircraft station may use the type of aircraft followed by the last three
characters of the registration marking. Notwithstanding any other
provision of this section, an aircraft being moved by maintenance
personnel from one location in an airport to another location in that
airport may be identified by a station identification consisting of the
name of the company owning or operating the aircraft, followed by the
word "Maintenance" and additional alphanumeric characters of the
licensee's choosing.

\* \* \* \* \*

6.  Section 87.137 is amended by revising the table in paragraph (a) to
    add an entry for F1D and footnote 18 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 ^16^   deviation

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

  F1D^18^                    1M30F1D                     1300 kHz   312.5 kHz

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

\* \* \* \* \*

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

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

**§ 87.139 Emission limitations.**

\* \* \* \* \*

(l)(1) For Universal Access Transceiver transmitters, the average
emissions measured in a 100 kHz bandwidth must be attenuated below the
maximum emission level contained within the authorized bandwidth by at
least:

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

  +/- 0.5            0

  +/- 1.0            18

  +/- 2.25           50

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

\(2\) Universal Access Transceiver transmitters with an output power of
5 Watts or more must limit their emissions by at least 43 + 10 log (P)
dB on any frequency removed from the assigned frequency by more than
250% of the authorized bandwidth. Those emissions shall be measured with
a bandwidth of 100 kHz. P in the above equation is the average
transmitter power measured within the occupied bandwidth in Watts.

\(3\) Universal Access Transceiver transmitters with less than 5 Watts
of output power must limit their emissions by at least 40 dB relative to
the carrier peak on any frequency removed from the assigned frequency by
more than 250% of the authorized bandwidth. Those emissions shall be
measured with a bandwidth of 100 kHz.

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

**§ 87.141 Modulation requirements.**

\* \* \* \* \*

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

\* \* \* \* \*

9.  Section 87.171 is amended by adding in alphabetical order the symbol
    and class of station "UAT -- Universal Access Transceiver."

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

**§ 87.173 Frequencies.**

\* \* \* \* \*

\(b\) Frequency table:

+--------------------+------+----------+------------------------------+
| Frequency or       | Sub  | Class of | Remarks                      |
| frequency band     | part | station  |                              |
+--------------------+------+----------+------------------------------+
| 90-110 kHz         | Q    | RL       | LORAN "C".                   |
+--------------------+------+----------+------------------------------+
| 190-285 kHz        | Q    | RLB      | Radiobeacons.                |
+--------------------+------+----------+------------------------------+
| 200-285 kHz        | O    | FAC      | Air traffic control.         |
+--------------------+------+----------+------------------------------+
| 325-405 kHz        | O    | FAC      | Air traffic control.         |
+--------------------+------+----------+------------------------------+
| 325-435 kHz        | Q    | RLB      | Radiobeacons.                |
+--------------------+------+----------+------------------------------+
| 410.0 kHz          | F    | MA       | International                |
|                    |      |          | direction-finding for use    |
|                    |      |          | outside\                     |
|                    |      |          | of United States.            |
+--------------------+------+----------+------------------------------+
| 457.0 kHz          | F    | MA       | Working frequency for        |
|                    |      |          | aircraft on over-water\      |
|                    |      |          | flights.                     |
+--------------------+------+----------+------------------------------+
| 500.0 kHz          | F    | MA       | International calling and    |
|                    |      |          | distress frequency\          |
|                    |      |          | for ships and aircraft on    |
|                    |      |          | over-water flights.          |
+--------------------+------+----------+------------------------------+
| 510-535 kHz        | Q    | RLB      | Radiobeacons.                |
+--------------------+------+----------+------------------------------+
| 2182.0 kHz         | F    | MA       | International distress and   |
|                    |      |          | calling.                     |
+--------------------+------+----------+------------------------------+
| 2648.0 kHz         | I    | AX       | Alaska station.              |
+--------------------+------+----------+------------------------------+
| 2850.0-3025.0 kHz  | I    | MA, FAE  | International HF.            |
+--------------------+------+----------+------------------------------+
| 2851.0 kHz         | I, J | MA, FAE, | International HF;            |
|                    |      | FAT      |                              |
|                    |      |          | Flight Test.                 |
+--------------------+------+----------+------------------------------+
| 2866.0 kHz         | I    | MA, FAE  | Domestic HF (Alaska).        |
+--------------------+------+----------+------------------------------+
| 2875.0 kHz         | I    | MA, FAE  | Domestic HF.                 |
+--------------------+------+----------+------------------------------+
| 2878.0 kHz         | I    | MA1, FAE | Domestic HF; International   |
|                    |      |          | HF.                          |
+--------------------+------+----------+------------------------------+
| 2911.0 kHz         | I    | MA, FAE  | Domestic HF.                 |
+--------------------+------+----------+------------------------------+
| 2956.0 kHz         | I    | MA, FAE  | Domestic HF.                 |
+--------------------+------+----------+------------------------------+
| 3004.0 kHz         | I, J | MA, FAE, | International HF;            |
|                    |      | FAT      |                              |
|                    |      |          | Flight Test.                 |
+--------------------+------+----------+------------------------------+
| 3019.0 kHz         | I    | MA1, FAE | Domestic HF; International   |
|                    |      |          | HF.                          |
+--------------------+------+----------+------------------------------+
| 3023.0 kHz         | F,   | MA1,     | Search and rescue            |
|                    | M, O | FAR, FAC | communications.              |
+--------------------+------+----------+------------------------------+
| 3281.0 kHz         | K    | MA, FAS  | Lighter-than-air craft and   |
|                    |      |          | aeronautical\                |
|                    |      |          | stations serving             |
|                    |      |          | lighter-than-air craft.      |
+--------------------+------+----------+------------------------------+
| 3400.0-3500.0 kHz  | I    | MA, FAE  | International HF.            |
+--------------------+------+----------+------------------------------+
| 3434.0 kHz         | I    | MA1, FAE | Domestic HF.                 |
+--------------------+------+----------+------------------------------+
| 3443.0 kHz         | J    | MA, FAT  | Flight Test.                 |
+--------------------+------+----------+------------------------------+
| 3449.0 kHz         | I    | MA, FAE  | Domestic HF.                 |
+--------------------+------+----------+------------------------------+
| 3470.0 kHz         | I    | MA, FAE  | Domestic HF; International   |
|                    |      |          | HF.                          |
+--------------------+------+----------+------------------------------+
| 4125.0 kHz         | F    | MA       | Distress and safety with     |
|                    |      |          | ships and\                   |
|                    |      |          | coast stations.              |
+--------------------+------+----------+------------------------------+
| 4550.0 kHz         | I    | AX       | Gulf of Mexico.              |
+--------------------+------+----------+------------------------------+
| 4645.0 kHz         | I    | AX       | Alaska.                      |
+--------------------+------+----------+------------------------------+
| 4650.0-4700.0 kHz  | I    | MA, FAE  | International HF.            |
+--------------------+------+----------+------------------------------+
| 4672.0 kHz         | I    | MA1, FAE | Domestic HF.                 |
+--------------------+------+----------+------------------------------+
| 4947.5 kHz         | I    | AX       | Alaska.                      |
+--------------------+------+----------+------------------------------+
| 5036.0 kHz         | I    | AX       | Gulf of Mexico.              |
+--------------------+------+----------+------------------------------+
| 5122.5 kHz         | I    | AX       | Alaska.                      |
+--------------------+------+----------+------------------------------+
| 5167.5 kHz         | I    | FA       | Alaska emergency.            |
+--------------------+------+----------+------------------------------+
| 5310.0 kHz         | I    | AX       | Alaska.                      |
+--------------------+------+----------+------------------------------+
| 5450.0-5680.0 kHz  | I    | MA, FAE  | International HF.            |
+--------------------+------+----------+------------------------------+
| 5451.0 kHz         | J    | MA, FAT  | Flight Test.                 |
+--------------------+------+----------+------------------------------+
| 5463.0 kHz         | I    | MA1, FAE | Domestic HF.                 |
+--------------------+------+----------+------------------------------+
| 5469.0 kHz         | J    | MA, FAT  | Flight Test.                 |
+--------------------+------+----------+------------------------------+
| 5472.0 kHz         | I    | MA, FAE  | Domestic HF.                 |
+--------------------+------+----------+------------------------------+
| 5484.0 kHz         | I    | MA, FAE  | Domestic HF.                 |
+--------------------+------+----------+------------------------------+
| 5490.0 kHz         | I    | MA, FAE  | Domestic HF.                 |
+--------------------+------+----------+------------------------------+
| 5496.0 kHz         | I    | MA, FAE  | Domestic HF.                 |
+--------------------+------+----------+------------------------------+
| 5508.0 kHz         | I    | MA1, FAE | Domestic HF.                 |
+--------------------+------+----------+------------------------------+
| 5571.0 kHz         | J    | MA, FAT  | Flight Test.                 |
+--------------------+------+----------+------------------------------+
| 5631.0 kHz         | I    | MA, FAE  | Domestic HF.                 |
+--------------------+------+----------+------------------------------+
| 5680.0 kHz         | F,   | MA1,     | Search and rescue            |
|                    | M, O | FAC, FAR | communications.              |
+--------------------+------+----------+------------------------------+
| 5887.5 kHz         | I    | AX       | Alaska.                      |
+--------------------+------+----------+------------------------------+
| 6525.0-6685.0 kHz  | I    | MA, FAE  | International HF.            |
+--------------------+------+----------+------------------------------+
| 6550.0 kHz         | J    | MA, FAT  | Flight Test.                 |
+--------------------+------+----------+------------------------------+
| 6580.0 kHz         | I    | MA, FAE  | Domestic HF.                 |
+--------------------+------+----------+------------------------------+
| 6604.0 kHz         | I    | MA, FAE  | Domestic HF.                 |
+--------------------+------+----------+------------------------------+
| 8015.0 kHz         | I    | AX       | Alaska.                      |
+--------------------+------+----------+------------------------------+
| 8364.0 kHz         | F    | MA       | Search and rescue            |
|                    |      |          | communications.              |
+--------------------+------+----------+------------------------------+
| 8815.0-8965.0 kHz  | I    | MA, FAE  | International HF.            |
+--------------------+------+----------+------------------------------+
| 8822.0 kHz         | J    | MA, FAT  | Flight Test.                 |
+--------------------+------+----------+------------------------------+
| 8855.0 kHz         | I    | MA, FAE  | Domestic HF; international   |
|                    |      |          | HF.                          |
+--------------------+------+----------+------------------------------+
| 8876.0 kHz         | I    | MA, FAE  | Domestic HF.                 |
+--------------------+------+----------+------------------------------+
| 10005.0-10100.0    | I    | MA, FAE  | International HF.            |
| kHz                |      |          |                              |
+--------------------+------+----------+------------------------------+
| 10045.0 kHz        | J    | MA, FAT  | Flight Test.                 |
+--------------------+------+----------+------------------------------+
| 10066.0 kHz        | I    | MA, FAE  | Domestic HF; international   |
|                    |      |          | HF.                          |
+--------------------+------+----------+------------------------------+
| 11275.0-11400.0    | I    | MA, FAE  | International HF.            |
| kHz                |      |          |                              |
+--------------------+------+----------+------------------------------+
| 11288.0 kHz        | J    | MA, FAT  | Flight Test.                 |
+--------------------+------+----------+------------------------------+
| 11306.0 kHz        | J    | MA, FAT  | Flight Test.                 |
+--------------------+------+----------+------------------------------+
| 11357.0 kHz        | I    | MA, FAE  | Domestic HF.                 |
+--------------------+------+----------+------------------------------+
| 11363.0 kHz        | I    | MA, FAE  | Domestic HF.                 |
+--------------------+------+----------+------------------------------+
| 13260.0-13360.0    | I    | MA, FAE  | International HF.            |
| kHz                |      |          |                              |
+--------------------+------+----------+------------------------------+
| 13312.0 kHz        | I, J | MA, FAE, | International HF;            |
|                    |      | FAT      |                              |
|                    |      |          | Flight Test.                 |
+--------------------+------+----------+------------------------------+
| 17900.0-17970.0    | I    | MA, FAE  | International HF.            |
| kHz                |      |          |                              |
+--------------------+------+----------+------------------------------+
| 17964.0 kHz        | J    | MA, FAT  | Flight Test.                 |
+--------------------+------+----------+------------------------------+
| 21924.0-22000.0    | I    | MA, FAE  | International HF.            |
| kHz                |      |          |                              |
+--------------------+------+----------+------------------------------+
| 21931.0 kHz        | J    | MA, FAT  | Flight Test.                 |
+--------------------+------+----------+------------------------------+
| 72.020-75.980 MHz  | P    | FA, AXO  | Operational fixed; 20 kHz    |
|                    |      |          | spacing.                     |
+--------------------+------+----------+------------------------------+
| 75.000 MHz         | Q    | RLA      | Marker beacon.               |
+--------------------+------+----------+------------------------------+
| 108.000 MHz        | Q    | RLT      |                              |
+--------------------+------+----------+------------------------------+
| 108.000-117.950    | Q    | RLO      | VHF omni-range.              |
| MHz                |      |          |                              |
+--------------------+------+----------+------------------------------+
| 108.000-117.975    | Q    | DGP      | Differential GPS.            |
| MHz                |      |          |                              |
+--------------------+------+----------+------------------------------+
| 108.050 MHz.       | Q    | RLT      |                              |
+--------------------+------+----------+------------------------------+
| 108.100-111.950    | Q    | RLL      | ILS Localizer.               |
| MHz                |      |          |                              |
+--------------------+------+----------+------------------------------+
| 108.100 MHz        | Q    | RLT      |                              |
+--------------------+------+----------+------------------------------+
| 108.150 MHz        | Q    | RLT      |                              |
+--------------------+------+----------+------------------------------+
| 118.000-121.400    | O    | MA, FAC, | 25 kHz channel spacing.      |
| MHz                |      | FAW,     |                              |
|                    |      | GCO,     |                              |
|                    |      | RCO, RPC |                              |
+--------------------+------+----------+------------------------------+
| 121.500 MHz        | G,   | MA, FAU, | Emergency and distress.      |
|                    | H,   | FAE,     |                              |
|                    | I,   | FAT,     |                              |
|                    | J,   | FAS,     |                              |
|                    | K,   | FAC,     |                              |
|                    | M, O | FAM, FAP |                              |
+--------------------+------+----------+------------------------------+
| 121.600-121.925    | O,   | MA, FAC, | 25 kHz channel spacing.      |
| MHz                | L, Q | MOU,     |                              |
|                    |      | RLT,     |                              |
|                    |      | GCO,     |                              |
|                    |      | RCO, RPC |                              |
+--------------------+------+----------+------------------------------+
| 121.950 MHz        | K    | FAS      |                              |
+--------------------+------+----------+------------------------------+
| 121.975 MHz        | F    | MA2,     | Air traffic control          |
|                    |      | FAW,     | operations.                  |
|                    |      | FAC, MOU |                              |
+--------------------+------+----------+------------------------------+
| 122.000 MHz        | F    | MA, FAC, | Air carrier and private      |
|                    |      | MOU      | aircraft enroute flight\     |
|                    |      |          | advisory service provided by |
|                    |      |          | FAA.                         |
+--------------------+------+----------+------------------------------+
| 122.025 MHz        | F    | MA2,     | Air traffic control          |
|                    |      | FAW,     | operations.                  |
|                    |      | FAC, MOU |                              |
+--------------------+------+----------+------------------------------+
| 122.050 MHz        | F    | MA, FAC, | Air traffic control          |
|                    |      | MOU      | operations.                  |
+--------------------+------+----------+------------------------------+
| 122.075 MHz        | F    | MA2,     | Air traffic control          |
|                    |      | FAW,     | operations.                  |
|                    |      | FAC, MOU |                              |
+--------------------+------+----------+------------------------------+
| 122.100 MHz        | F, O | MA, FAC, | Air traffic control          |
|                    |      | MOU      | operations.                  |
+--------------------+------+----------+------------------------------+
| 122.125-122.675    | F    | MA2,     | Air traffic control          |
| MHz                |      | FAC, MOU | operations; 25 kHz\          |
|                    |      |          | spacing.                     |
+--------------------+------+----------+------------------------------+
| 122.700 MHz        | G, L | MA, FAU, | Unicom at airports with no   |
|                    |      | MOU      | control tower;\              |
|                    |      |          | Aeronautical utility         |
|                    |      |          | stations.                    |
+--------------------+------+----------+------------------------------+
| 122.725 MHz        | G, L | MA, FAU, | Unicom at airports with no   |
|                    |      | MOU      | control tower;\              |
|                    |      |          | Aeronautical utility         |
|                    |      |          | stations.                    |
+--------------------+------+----------+------------------------------+
| 122.750 MHz        | F    | MA2      | Private fixed wing aircraft  |
|                    |      |          | air-to-air\                  |
|                    |      |          | communications.              |
+--------------------+------+----------+------------------------------+
| 122.775 MHz        | K    | MA, FAS  |                              |
+--------------------+------+----------+------------------------------+
| 122.800 MHz        | G, L | MA, FAU, | Unicom at airports with no   |
|                    |      | MOU      | control tower;\              |
|                    |      |          | Aeronautical utility         |
|                    |      |          | stations.                    |
+--------------------+------+----------+------------------------------+
| 122.825 MHz        | I    | MA, FAE  | Domestic VHF.                |
+--------------------+------+----------+------------------------------+
| 122.850 MHz        | H, K | MA, FAM, |                              |
|                    |      | FAS      |                              |
+--------------------+------+----------+------------------------------+
| 122.875 MHz        | I    | MA, FAE  | Domestic VHF.                |
+--------------------+------+----------+------------------------------+
| 122.900 MHz        | F,   | MA, FAR, |                              |
|                    | H,   | FAM, MOU |                              |
|                    | L, M |          |                              |
+--------------------+------+----------+------------------------------+
| 122.925 MHz        | H    | MA2, FAM |                              |
+--------------------+------+----------+------------------------------+
| 122.950 MHz        | G, L | MA, FAU, | Unicom at airports with      |
|                    |      | MOU      | control tower;\              |
|                    |      |          | Aeronautical utility         |
|                    |      |          | stations.                    |
+--------------------+------+----------+------------------------------+
| 122.975 MHz        | G, L | MA, FAU, | Unicom at airports with no   |
|                    |      | MOU      | control tower;\              |
|                    |      |          | Aeronautical utility         |
|                    |      |          | stations.                    |
+--------------------+------+----------+------------------------------+
| 123.000 MHz        | G, L | MA, FAU, | Unicom at airports with no   |
|                    |      | MOU      | control tower;\              |
|                    |      |          | Aeronautical utility         |
|                    |      |          | stations.                    |
+--------------------+------+----------+------------------------------+
| 123.025 MHz        | F    | MA2      | Helicopter air-to-air        |
|                    |      |          | communications;\             |
|                    |      |          | Air traffic control          |
|                    |      |          | operations.                  |
+--------------------+------+----------+------------------------------+
| 123.050 MHz        | G, L | MA, FAU, | Unicom at airports with no   |
|                    |      | MOU      | control tower;\              |
|                    |      |          | Aeronautical utility         |
|                    |      |          | stations.                    |
+--------------------+------+----------+------------------------------+
| 123.075 MHz        | G, L | MA, FAU, | Unicom at airports with no   |
|                    |      | MOU      | control tower;\              |
|                    |      |          | Aeronautical utility         |
|                    |      |          | stations.                    |
+--------------------+------+----------+------------------------------+
| 123.100 MHz        | M, O | MA, FAC, |                              |
|                    |      | FAR      |                              |
+--------------------+------+----------+------------------------------+
| 123.125 MHz        | J    | MA, FAT  | Itinerant.                   |
+--------------------+------+----------+------------------------------+
| 123.150 MHz        | J    | MA, FAT  | Itinerant.                   |
+--------------------+------+----------+------------------------------+
| 123.175 MHz        | J    | MA, FAT  | Itinerant.                   |
+--------------------+------+----------+------------------------------+
| 123.200 MHz        | J    | MA, FAT  |                              |
+--------------------+------+----------+------------------------------+
| 123.225 MHz        | J    | MA, FAT  |                              |
+--------------------+------+----------+------------------------------+
| 123.250 MHz        | J    | MA, FAT  |                              |
+--------------------+------+----------+------------------------------+
| 123.275 MHz        | J    | MA, FAT  |                              |
+--------------------+------+----------+------------------------------+
| 123.300 MHz        | K    | MA, FAS  |                              |
+--------------------+------+----------+------------------------------+
| 123.325 MHz        | J    | MA, FAT  |                              |
+--------------------+------+----------+------------------------------+
| 123.350 MHz        | J    | MA, FAT  |                              |
+--------------------+------+----------+------------------------------+
| 123.375 MHz        | J    | MA, FAT  |                              |
+--------------------+------+----------+------------------------------+
| 123.400 MHz        | J    | MA, FAT  | Itinerant.                   |
+--------------------+------+----------+------------------------------+
| 123.425 MHz        | J    | MA, FAT  |                              |
+--------------------+------+----------+------------------------------+
| 123.450 MHz        | J    | MA, FAT  |                              |
+--------------------+------+----------+------------------------------+
| 123.475 MHz        | J    | MA, FAT  |                              |
+--------------------+------+----------+------------------------------+
| 123.500 MHz        | K    | MA, FAS  |                              |
+--------------------+------+----------+------------------------------+
| 123.525 MHz        | J    | MA, FAT  |                              |
+--------------------+------+----------+------------------------------+
| 123.550 MHz        | J    | MA, FAT  |                              |
+--------------------+------+----------+------------------------------+
| 123.575 MHz        | J    | MA, FAT  |                              |
+--------------------+------+----------+------------------------------+
| 123.6-128.8 MHz    | O    | MA, FAC, | 25 kHz channel spacing.      |
|                    |      | FAW,     |                              |
|                    |      | GCO,     |                              |
|                    |      | RCO, RPC |                              |
+--------------------+------+----------+------------------------------+
| 128.825-132.000    | I    | MA, FAE  | Domestic VHF; 25 kHz channel |
| MHz                |      |          | spacing.                     |
+--------------------+------+----------+------------------------------+
| 132.025-135.975    | O    | MA, FAC, | 25 kHz channel spacing.      |
| MHz                |      | FAW,     |                              |
|                    |      | GCO,     |                              |
|                    |      | RCO, RPC |                              |
+--------------------+------+----------+------------------------------+
| 136.000-136.400    | O, S | MA, FAC, | Air traffic control          |
| MHz                |      | FAW,     | operations; 25 kHz channel\  |
|                    |      | GCO,     | spacing.                     |
|                    |      | RCO, RPC |                              |
+--------------------+------+----------+------------------------------+
| 136.425 MHz        | O, S | MA, FAC, | Air traffic control          |
|                    |      | FAW,     | operations.                  |
|                    |      | GCO,     |                              |
|                    |      | RCO, RPC |                              |
+--------------------+------+----------+------------------------------+
| 136.450 MHz        | O, S | MA, FAC, | Air traffic control          |
|                    |      | FAW,     | operations.                  |
|                    |      | GCO,     |                              |
|                    |      | RCO, RPC |                              |
+--------------------+------+----------+------------------------------+
| 136.475 MHz        | O, S | MA, FAC, | Air traffic control          |
|                    |      | FAW,     | operations.                  |
|                    |      | GCO,     |                              |
|                    |      | RCO, RPC |                              |
+--------------------+------+----------+------------------------------+
| 136.500-136.875    | I    | MA, FAE  | Domestic VHF; 25 kHz channel |
| MHz                |      |          | spacing.                     |
+--------------------+------+----------+------------------------------+
| 136.900 MHz        | I    | MA, FAE  | International and domestic   |
|                    |      |          | VHF.                         |
+--------------------+------+----------+------------------------------+
| 136.925 MHz        | I    | MA, FAE  | International and domestic   |
|                    |      |          | VHF.                         |
+--------------------+------+----------+------------------------------+
| 136.950 MHz        | I    | MA, FAE  | International and domestic   |
|                    |      |          | VHF.                         |
+--------------------+------+----------+------------------------------+
| 136.975 MHz        | I    | MA, FAE  | International and domestic   |
|                    |      |          | VHF.                         |
+--------------------+------+----------+------------------------------+
| 156.300 MHz        | F    | MA       | For communications with ship |
|                    |      |          | stations under\              |
|                    |      |          | specific conditions.         |
+--------------------+------+----------+------------------------------+
| 156.375 MHz        | F    | MA       | For communications with ship |
|                    |      |          | stations under\              |
|                    |      |          | specific conditions; Not     |
|                    |      |          | authorized in New\           |
|                    |      |          | Orleans Vessel traffic       |
|                    |      |          | service area.                |
+--------------------+------+----------+------------------------------+
| 156.400 MHz        | F    | MA       | For communications with ship |
|                    |      |          | stations under\              |
|                    |      |          | specific conditions.         |
+--------------------+------+----------+------------------------------+
| 156.425 MHz        | F    | MA       | For communications with ship |
|                    |      |          | stations under\              |
|                    |      |          | specific conditions.         |
+--------------------+------+----------+------------------------------+
| 156.450 MHz        | F    | MA       | For communications with ship |
|                    |      |          | stations under\              |
|                    |      |          | specific conditions.         |
+--------------------+------+----------+------------------------------+
| 156.625 MHz        | F    | MA       | For communications with ship |
|                    |      |          | stations under\              |
|                    |      |          | specific conditions.         |
+--------------------+------+----------+------------------------------+
| 156.800 MHz        | F    | MA       | Distress, safety and calling |
|                    |      |          | frequency; For\              |
|                    |      |          | communications with ship     |
|                    |      |          | stations under\              |
|                    |      |          | specific conditions.         |
+--------------------+------+----------+------------------------------+
| 156.900 MHz        | F    | MA       | For communications with ship |
|                    |      |          | stations under\              |
|                    |      |          | specific conditions.         |
+--------------------+------+----------+------------------------------+
| 157.425 MHz        | F    | MA       | For communications with      |
|                    |      |          | commercial fishing\          |
|                    |      |          | vessels under specific       |
|                    |      |          | conditions except in\        |
|                    |      |          | Great Lakes and St. Lawrence |
|                    |      |          | Seaway\                      |
|                    |      |          | Areas.                       |
+--------------------+------+----------+------------------------------+
| 243.000 MHz        | F    | MA       | Emergency and distress       |
|                    |      |          | frequency for use of\        |
|                    |      |          | survival craft and emergency |
|                    |      |          | locator\                     |
|                    |      |          | transmitters.                |
+--------------------+------+----------+------------------------------+
| 328.600-335.400    | Q    | RLG      | ILS glide path.              |
| MHz                |      |          |                              |
+--------------------+------+----------+------------------------------+
| 334.550 MHz        | Q    | RLT      |                              |
+--------------------+------+----------+------------------------------+
| 334.700 MHz        | Q    | RLT      |                              |
+--------------------+------+----------+------------------------------+
| 406.0-406.1 MHz    | F,   | MA, FAU, | Emergency and distress.      |
|                    | G,   | FAE,     |                              |
|                    | H,   | FAT,     |                              |
|                    | I,   | FAS,     |                              |
|                    | J,   | FAC,     |                              |
|                    | K,   | FAM, FAP |                              |
|                    | M, O |          |                              |
+--------------------+------+----------+------------------------------+
| 960-1215 MHz       | F, Q | MA, RL,  | Electronic aids to air       |
|                    |      | RNV      | navigation.                  |
+--------------------+------+----------+------------------------------+
| 978.000 MHz        | F,   | MA, MOU, | Universal Access             |
|                    | L,   | UAT      | Transceivers.                |
|                    | Q,   |          |                              |
+--------------------+------+----------+------------------------------+
| 979.000 MHz        | Q    | RLT      |                              |
|                    |      |          |                              |
|                    | Q    | RLT      |                              |
+--------------------+------+----------+------------------------------+
| 1030.000 MHz       | Q    | RLT      |                              |
+--------------------+------+----------+------------------------------+
| 1104.000 MHz       | Q    | RLT      |                              |
+--------------------+------+----------+------------------------------+
| 1300-1350 MHz      | F, Q | MA, RLS  | Surveillance radars and      |
|                    |      |          | transponders.                |
+--------------------+------+----------+------------------------------+
| 1435-1525 MHz      | F, J | MA, FAT  | Aeronautical telemetry and   |
|                    |      |          | telecommand\                 |
|                    |      |          | operations.                  |
+--------------------+------+----------+------------------------------+
| 1559-1610 MHz      | Q    | DGP      | Differential GPS.            |
+--------------------+------+----------+------------------------------+
| 1559-1626.5 MHz    | F, Q | MA, RL   | Aeronautical                 |
|                    |      |          | radionavigation.             |
+--------------------+------+----------+------------------------------+
| 1646.5-1660.5 MHz  | F    | TJ       | Aeronautical                 |
|                    |      |          | Mobile-Satellite (R).        |
+--------------------+------+----------+------------------------------+
| 2310-2320 MHz      | J    | MA, FAT  | Aeronautical telemetry and   |
|                    |      |          | telecommand\                 |
|                    |      |          | operations.                  |
+--------------------+------+----------+------------------------------+
| 2345-2395 MHz      | J    | MA, FAT  | Aeronautical telemetry and   |
|                    |      |          | telecommand\                 |
| 2700-2900 MHz      | Q    | RLS, RLD | operations.                  |
|                    |      |          |                              |
|                    |      |          | Airport surveillance and     |
|                    |      |          | weather radar.               |
+--------------------+------+----------+------------------------------+
| 4200-4400 MHz      | F    | MA       | Radio altimeters.            |
+--------------------+------+----------+------------------------------+
| 5000-5250 MHz      | Q    | MA, RLW  | Microwave landing systems.   |
+--------------------+------+----------+------------------------------+
| 5031.000 MHz       | Q    | RLT      |                              |
+--------------------+------+----------+------------------------------+
| 5350-5470 MHz      | F    | MA       | Airborne radars and          |
|                    |      |          | associated airborne\         |
|                    |      |          | beacons.                     |
+--------------------+------+----------+------------------------------+
| 8750-8850 MHz      | F    | MA       | Airborne doppler radar.      |
+--------------------+------+----------+------------------------------+
| 9000-9200 MHz      | Q    | RLS, RLD | Land-based radar.            |
+--------------------+------+----------+------------------------------+
| 9300-9500 MHz      | F, Q | MA       | Airborne radars and          |
|                    |      |          | associated airborne\         |
|                    |      |          | beacons.                     |
+--------------------+------+----------+------------------------------+
| 13250-13400 MHz    | F    | MA       | Airborne doppler radar.      |
+--------------------+------+----------+------------------------------+
| 15400-15700 MHz    | Q    | RL       | Aeronautical                 |
|                    |      |          | radionavigation.             |
+--------------------+------+----------+------------------------------+
| 24750-25050 MHz    | F, Q | MA, RL   | Aeronautical                 |
|                    |      |          | radionavigation.             |
+--------------------+------+----------+------------------------------+
| 32300-33400 MHz    | F, Q | MA, RL   | Aeronautical                 |
|                    |      |          | radionavigation.             |
+--------------------+------+----------+------------------------------+

11. Section 87.187 is amended by revising paragraphs (p), (q), and (x)
    and adding paragraph (ff) to read as follows:

**§ 87.187 Frequencies.**

\* \* \* \* \*

\(p\) The frequency band 1435--1525 MHz is available on a primary basis
and the frequency band 1525--1535 MHz is available on a secondary basis
for telemetry and telecommand associated with the flight testing of
aircraft, missiles, or related major components. This includes launching
into space, reentry into the earth\'s atmosphere and incidental orbiting
prior to reentry. The following frequencies are shared with flight
telemetry mobile stations: 1444.5, 1453.5, 1501.5, 1515.5, and 1524.5
MHz. See §87.303(d).

Note: Aeronautical telemetry operations must protect mobile-satellite
operations in the 1525--2535 MHz band and maritime mobile-satellite
operations in the 1530--1535 MHz band.

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

\* \* \* \* \*

\(x\) The frequency bands 24450-24650 MHz, 24750-25050 MHz and
32300-33400 MHz are available for airborne radionavigation devices.

\* \* \*

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

\* \* \* \* \*

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

**§ 87.345 Scope of service.**

\* \* \* \* \*

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

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

**§ 87.349 Frequencies.**

\* \* \* \* \*

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

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

**§ 87.421 Frequencies.**

\* \* \* \* \*

\(c\) Frequencies listed in the introductory paragraph of this section
are available to control towers and RCOs for communications with ground
vehicles and aircraft on the ground. The antenna heights shall be
restricted to the minimum necessary to achieve the required coverage.
Channel spacing is 25 kHz.

> \* \* \* \* \*

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

**§ 87.475 Frequencies.**

\* \* \* \* \*

\(b\) \* \* \*

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

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

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

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

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

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

\* \* \* \* \*

**APPENDIX C**

**Proposed Rules**

For the reasons discussed in the preamble, the Federal Communications
Commission proposes to amend 47 CFR Parts 2 and 87 as follows:

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

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

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

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

    a.  Revise page 18.

    b.  In the list of United States footnotes, add footnote USxxx.

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

The revisions and additions read as follows:

\* \* \* \* \*

+-----------+----------+-----------+-----------+-----------+----------+
| 74.8-75.2 |          |           | 74.8-75.2 |           | Aviation |
|           |          |           |           |           | (87)     |
| AER       |          |           | AER       |           |          |
| ONAUTICAL |          |           | ONAUTICAL |           |          |
| RADION    |          |           | RADION    |           |          |
| AVIGATION |          |           | AVIGATION |           |          |
|           |          |           |           |           |          |
| 5.180     |          |           | 5.180     |           |          |
| 5.181     |          |           |           |           |          |
+-----------+----------+-----------+-----------+-----------+----------+
| 75.2-87.5 | 7        |           | 75.2-75.4 |           | Private  |
|           | 5.2-75.4 |           |           |           | Land     |
| FIXED     |          |           | FIXED     |           | Mobile   |
|           | FIXED    |           |           |           | (90)     |
| MOBILE    |          |           | MOBILE    |           |          |
| except    | MOBILE   |           |           |           |          |
| aer       |          |           | US273     |           |          |
| onautical | 5.179    |           |           |           |          |
| mobile    |          |           |           |           |          |
+-----------+----------+-----------+-----------+-----------+----------+
|           | 75.4-76  | 75.4-87   | 75.4-88   | 75.4-76   | Public   |
|           |          |           |           |           | Mobile   |
|           | FIXED    | FIXED     |           | FIXED     | (22)     |
|           |          |           |           |           |          |
|           | MOBILE   | MOBILE    |           | MOBILE    | Private  |
|           |          |           |           |           | Land     |
|           |          |           |           | NG3 NG49  | Mobile   |
|           |          |           |           | NG56      | (90)     |
|           |          |           |           |           |          |
|           |          |           |           |           | Personal |
|           |          |           |           |           | Radio    |
|           |          |           |           |           | (95)     |
+-----------+----------+-----------+-----------+-----------+----------+
|           | 76-88    | 5.182     |           | 76-88     | B        |
|           |          | 5.183     |           |           | roadcast |
|           | BROA     | 5.188     |           | BRO       | Radio    |
|           | DCASTING |           |           | ADCASTING | (TV)(73) |
|           |          |           |           |           |          |
|           | Fixed    |           |           |           | A        |
|           |          |           |           |           | uxiliary |
|           | Mobile   |           |           |           | Broa     |
|           |          |           |           |           | dcasting |
|           |          |           |           |           | (74)     |
+-----------+----------+-----------+-----------+-----------+----------+
|           |          | 87-100    |           |           |          |
|           |          |           |           |           |          |
|           |          | FIXED     |           |           |          |
|           |          |           |           |           |          |
|           |          | MOBILE    |           |           |          |
|           |          |           |           |           |          |
|           |          | BRO       |           |           |          |
|           |          | ADCASTING |           |           |          |
+-----------+----------+-----------+-----------+-----------+----------+
| 5.175     |          |           |           |           |          |
| 5.179     |          |           |           |           |          |
| 5.184     |          |           |           |           |          |
| 5.187     |          |           |           |           |          |
+-----------+----------+-----------+-----------+-----------+----------+
| 87.5-100  | 5.185    |           |           | NG115     |          |
|           |          |           |           | NG128     |          |
| BRO       |          |           |           | NG142     |          |
| ADCASTING |          |           |           | NG149     |          |
|           |          |           |           |           |          |
| 5.190     |          |           |           |           |          |
+-----------+----------+-----------+-----------+-----------+----------+
|           | 88-100   |           | 88-108    | 88-108    | B        |
|           |          |           |           |           | roadcast |
|           | BROA     |           | US93      | BRO       | Radio    |
|           | DCASTING |           |           | ADCASTING | (FM)(73) |
|           |          |           |           | NG2       |          |
|           |          |           |           |           | A        |
|           |          |           |           |           | uxiliary |
|           |          |           |           |           | Broa     |
|           |          |           |           |           | dcasting |
|           |          |           |           |           | (74)     |
+-----------+----------+-----------+-----------+-----------+----------+
| 100-108   |          |           |           |           |          |
|           |          |           |           |           |          |
| BRO       |          |           |           |           |          |
| ADCASTING |          |           |           |           |          |
|           |          |           |           |           |          |
| 5.192     |          |           |           |           |          |
| 5.194     |          |           |           |           |          |
+-----------+----------+-----------+-----------+-----------+----------+
|           |          |           |           | US93      |          |
|           |          |           |           | NG128     |          |
+-----------+----------+-----------+-----------+-----------+----------+
| 10        |          |           | 10        |           | Aviation |
| 8-117.975 |          |           | 8-117.975 |           | (87)     |
|           |          |           |           |           |          |
| AER       |          |           | AER       |           |          |
| ONAUTICAL |          |           | ONAUTICAL |           |          |
| RADION    |          |           | RADION    |           |          |
| AVIGATION |          |           | AVIGATION |           |          |
|           |          |           |           |           |          |
| 5.197     |          |           | US93      |           |          |
| 5.197A    |          |           | US343     |           |          |
+-----------+----------+-----------+-----------+-----------+----------+
| 11        |          |           | 117.975   |           |          |
| 7.975-137 |          |           | -121.9375 |           |          |
|           |          |           |           |           |          |
| AER       |          |           | AER       |           |          |
| ONAUTICAL |          |           | ONAUTICAL |           |          |
| MOBILE    |          |           | MOBILE    |           |          |
| (R)       |          |           | (R)       |           |          |
|           |          |           |           |           |          |
|           |          |           | 5.111     |           |          |
|           |          |           | 5.199     |           |          |
|           |          |           | 5.200     |           |          |
|           |          |           | US26 US28 |           |          |
|           |          |           | USxxx     |           |          |
+-----------+----------+-----------+-----------+-----------+----------+
|           |          |           | 121.9375  | 121.9375  |          |
|           |          |           | -123.0875 | -123.0875 |          |
|           |          |           |           |           |          |
|           |          |           | US30 US31 | AER       |          |
|           |          |           | US33 US80 | ONAUTICAL |          |
|           |          |           | US102     | MOBILE    |          |
|           |          |           |           |           |          |
|           |          |           | US213     | US30 US31 |          |
|           |          |           |           | US33 US80 |          |
|           |          |           |           | US102     |          |
|           |          |           |           |           |          |
|           |          |           |           | US213     |          |
+-----------+----------+-----------+-----------+-----------+----------+
|           |          |           | 123.0875  |           |          |
|           |          |           | -123.5875 |           |          |
|           |          |           |           |           |          |
|           |          |           | AER       |           |          |
|           |          |           | ONAUTICAL |           |          |
|           |          |           | MOBILE    |           |          |
|           |          |           |           |           |          |
|           |          |           | 5.200     |           |          |
|           |          |           | US32 US33 |           |          |
|           |          |           | US112     |           |          |
+-----------+----------+-----------+-----------+-----------+----------+
|           |          |           | 123.5875  |           |          |
|           |          |           | -128.8125 |           |          |
|           |          |           |           |           |          |
|           |          |           | AER       |           |          |
|           |          |           | ONAUTICAL |           |          |
|           |          |           | MOBILE    |           |          |
|           |          |           | (R)       |           |          |
|           |          |           |           |           |          |
|           |          |           | US26      |           |          |
|           |          |           | USxxx     |           |          |
+-----------+----------+-----------+-----------+-----------+----------+
|           |          |           | 128.8125  | 128.8125  |          |
|           |          |           | -132.0125 | -132.0125 |          |
|           |          |           |           |           |          |
|           |          |           |           | AER       |          |
|           |          |           |           | ONAUTICAL |          |
|           |          |           |           | MOBILE    |          |
|           |          |           |           | (R)       |          |
+-----------+----------+-----------+-----------+-----------+----------+
|           |          |           | 132       |           |          |
|           |          |           | .0125-136 |           |          |
|           |          |           |           |           |          |
|           |          |           | AER       |           |          |
|           |          |           | ONAUTICAL |           |          |
|           |          |           | MOBILE    |           |          |
|           |          |           | (R)       |           |          |
|           |          |           |           |           |          |
|           |          |           | US26      |           |          |
+-----------+----------+-----------+-----------+-----------+----------+
|           |          |           | 136-137   | 136-137   |          |
|           |          |           |           |           |          |
|           |          |           |           | AER       |          |
|           |          |           |           | ONAUTICAL |          |
|           |          |           |           | MOBILE    |          |
|           |          |           |           | (R)       |          |
+-----------+----------+-----------+-----------+-----------+----------+
| 5.111     |          |           | US244     | US244     |          |
| 5.198     |          |           |           |           |          |
| 5.199     |          |           |           |           |          |
| 5.200     |          |           |           |           |          |
| 5.201     |          |           |           |           |          |
| 5.202     |          |           |           |           |          |
| 5.203     |          |           |           |           |          |
| 5.203A    |          |           |           |           |          |
| 5.203B    |          |           |           |           |          |
+-----------+----------+-----------+-----------+-----------+----------+

Page 18

[United States (US) Footnotes]{.smallcaps}

\* \* \* \* \*

USxxx In Hawaii, the frequencies 120.65 MHz and 127.05 MHz may be
authorized to non-Federal aircraft stations for air-to-air
communications as specified in 47 CFR 87.187.

\* \* \* \* \*

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

**PART 87---AVIATION SERVICES**

3.  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.**

4.  Section 87.187 is amended by adding new paragraphs (gg) and (hh) to
    read as follows:

**§ 87.187 Frequencies.**

\(a\) \* \* \*

(gg) (1) The frequency 120.650 MHz is authorized for air-to-air
communications for aircraft over and within five nautical miles of the
shoreline of the Hawaiian Island of Maui.

\(2\) The frequency 121.950 MHz is authorized for air-to-air use for
aircraft over and within five nautical miles of the shoreline of the
Hawaiian Island of Molokai.

\(3\) The frequency 122.850 MHz is authorized for air-to-air use for
aircraft over and within five nautical miles of the shoreline of the
Hawaiian Island of Oahu.

\(4\) The frequency 122.850 MHz is authorized for aircraft over and
within five nautical miles of the shoreline of the Hawaiian Island of
Hawaii when aircraft are south and east of the 215 degree radial of very
high frequency omni-directional radio range of Hilo International
Airport.

\(5\) The frequency 127.050 MHz is authorized for air-to-air use for
aircraft over and within five nautical miles of the shoreline of the
Hawaiian Island of Hawaii when aircraft are north and west of the 215
degree radial of very high frequency omni-directional radio range of
Hilo International Airport.

\(6\) The frequency 127.050 MHz is authorized for air-to-air use for
aircraft over and within five nautical miles of the Hawaiian Island of
Kauai.

(hh) (1) The frequency 121.95 MHz is authorized for air-to-air
communications for aircraft within the area bounded by the following
coordinates (all coordinates are referenced to North American Datum 1983
(NAD83)):

33-46-00 N. Lat.; 118-27-00 W. Long.

33-47-00 N. Lat.; 118-12-00 W. Long.

33-40-00 N. Lat.; 118-00-00 W. Long.

33-35-00 N. Lat.; 118-08-00 W. Long.

34-00-00 N. Lat.; 118-26-00 W. Long.

\(2\) The frequency 122.775 MHz is authorized for air-to-air
communications for aircraft within the area bounded by the following
coordinates (all coordinates are referenced to North American Datum 1983
(NAD83)):

34-22-00 N. Lat.; 118-30-00 W. Long.

34-35-00 N. Lat.; 118-15-00 W. Long.

34-27-00 N. Lat.; 118-15-00 W. Long.

34-16-00 N. Lat.; 118-35-00 W. Long.

34-06-00 N. Lat.; 118-35-00 W. Long.

34-05-00 N. Lat.; 118-50-00 W. Long.

\(3\) The frequency 123.30 MHz is authorized for air-to-air
communications for aircraft within the area bounded by the following
coordinates (all coordinates are referenced to North American Datum 1983
(NAD83)):

34-08-00 N. Lat.; 118-00-00 W. Long.

34-10-00 N. Lat.; 117-08-00 W. Long.

34-00-00 N. Lat.; 117-08-00 W. Long.

33-53-00 N. Lat.; 117-42-00 W. Long.

33-58-00 N. Lat.; 118-00-00 W. Long.

\(4\) The frequency 123.50 MHz is authorized for air-to-air
communications for aircraft within the area bounded by the following
coordinates (all coordinates are referenced to North American Datum 1983
(NAD83)):

33-53-00 N. Lat.; 117-37-00 W. Long.

34-00-00 N. Lat.; 117-15-00 W. Long.

34-00-00 N. Lat.; 117-07-00 W. Long.

33-28-00 N. Lat.; 116-55-00 W. Long.

33-27-00 N. Lat.; 117-12-00 W. Long.

\(5\) The frequency 123.50 MHz is authorized for air-to-air
communications for aircraft within the area bounded by the following
coordinates (all coordinates are referenced to North American Datum 1983
(NAD83)):

33-50-00 N. Lat.; 117-48-00 W. Long.

33-51-00 N. Lat.; 117-41-00 W. Long.

33-38-00 N. Lat.; 117-30-00 W. Long.

33-30-00 N. Lat.; 117-30-00 W. Long.

33-30-00 N. Lat.; 117-49-00 W. Long.

\* \* \* \* \*

5.  Section 87.215 is amended by revising paragraph (b) to read as
    follows:

**§ 87.215 Supplemental Eligibility.**

\* \* \* \* \*

\(b\) Only one unicom will be authorized to operate at an airport which
does not have a control tower, RCO or FAA flight service station that
effectively controls traffic at the airport (*i.e*., where the unicom
frequency is not the published common traffic advisory frequency). At an
airport which has a part-time or full-time control tower, RCO or FAA
flight service station that effectively controls traffic at the airport,
the one unicom limitation does not apply and the airport operator and
all aviation services organizations may be licensed to operate a unicom
on the assigned frequency.

\* \* \* \* \*

**APPENDIX D**

**Final Regulatory Flexibility Analysis**

(*Second* *Report and Order* in WT Docket No. 01-289)

As required by the Regulatory Flexibility Act of 1980, as amended
(RFA),[^180] an Initial Regulatory Flexibility Analysis (IRFA) was
incorporated in the *Further Notice of Proposed Rule Making* (*FNPRM*)
in this proceeding.[^181] The Commission sought written public comment
on the proposals in the *FNPRM*, including comment on the IRFA. This
present Final Regulatory Flexibility Analysis (FRFA) conforms to the
RFA.[^182]

**A. Need for, and Objectives of, the Second Report and Order**

The rules adopted in the *Second Report and Order* are intended to
ensure that the Commission's Part 87 rules governing the Aviation Radio
Service remain up-to-date and continue to further the Commission's goals
of accommodating new technologies, facilitating the efficient and
effective use of the aeronautical spectrum, avoiding unnecessary
regulation, and, above all, enhancing the safety of flight.
Specifically, in the *Second Report and Order* the Commission (a)
authorizes the use of Universal Access Transceiver (UAT) technology on
the frequency 978 MHz;[^183] (b) removes all of the former Civil Air
Patrol (CAP) channels from the table of frequencies available for
assignment under Part 87;[^184] (c) removes allocations for
radionavigation in the 14000-14400 MHz band;[^185] (d) streamlines the
listing of high frequency (HF) channels in the table of frequencies
available for assignment under Part 87;[^186] (e) provides the FAA with
greater flexibility in the use of air traffic control (ATC)
frequencies;[^187] (f) declines to adopt rules that would authorize a
new type of emergency locator transmitter (ELT) designed to operate on
the frequency 121.5 MHz;[^188] (g) codifies the terms of a waiver
permitting use of an alternative station identification format by
aircraft that are being moved by maintenance personnel from one airport
location to another;[^189] (h) eliminates the rule authorizing the
assignment of FCC control numbers to ultralight aircraft for station
identification;[^190] and (i) declines at present to make any rule
changes pertaining to the Plan for the Security Control of Air Traffic
and Air Navigation Aids (SCATANA).[^191]

**B. Summary of Significant Issues Raised by Public Comments in Response
to the IRFA**

No comments were submitted specifically in response to the IRFA.
Nonetheless, we have considered the potential economic impact on small
entities of the rules discussed in the IRFA, and we have considered
alternatives that would reduce the potential economic impact on small
entities of the rules enacted herein.

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

The RFA directs agencies to provide a description of and, where
feasible, an estimate of the number of small entities that may be
affected by the rules adopted herein.[^192] The RFA defines the term
"small entity" as having the same meaning as the terms "small business,"
"small organization," and "small governmental jurisdiction."[^193] In
addition, the term "small business" has the same meaning as the term
"small business concern" under the Small Business Act.^.^[^194] 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).[^195]

Small businesses in the aviation and marine radio services use a marine
very high frequency (VHF), medium frequency (MF), or high frequency (HF)
radio, any type of emergency position indicating radio beacon (EPIRB)
and/or radar, an aircraft radio, and/or any type of emergency locator
transmitter (ELT). The Commission has not developed a definition of
small entities specifically applicable to these small businesses. For
purposes of this FRFA, therefore, the applicable definition of small
entity is the definition under the SBA rules applicable to wireless
service providers. The SBA has developed a small business size standard
for wireless firms within the two broad economic census categories of
"Paging"[^196] and "Cellular and Other Wireless
Telecommunications."[^197] Under both categories, the SBA deems a
wireless business to be small if it has 1,500 or fewer employees. For
the census category of Paging, Census Bureau data for 2002 show that
there were 807 firms in this category that operated for the entire
year.[^198] Of this total, 804 firms had employment of 999 or fewer
employees, and three firms had employment of 1,000 employees or
more.[^199] Thus, under this category and associated small business size
standard, the majority of firms can be considered small. For the census
category of Cellular and Other Wireless Telecommunications, Census
Bureau data for 2002 show that there were 1,397 firms in this category
that operated for the entire year.[^200] Of this total, 1,378 firms had
employment of 999 or fewer employees, and 19 firms had employment of
1,000 employees or more.[^201] Thus, under this second category and size
standard, the majority of firms can, again, be considered small.

Some of the rules adopted herein may also affect small businesses that
manufacture aviation radio equipment. The Commission has not developed a
definition of small entities applicable to aviation radio equipment
manufacturers. Therefore, the applicable definition is that for Radio
and Television Broadcasting and Wireless Communications Equipment
Manufacturers. The Census Bureau defines this category as follows: "This
industry comprises establishments primarily engaged in manufacturing
radio and television broadcast and wireless communications equipment.
Examples of products made by these establishments are: transmitting and
receiving antennas, cable television equipment, GPS equipment, pagers,
cellular phones, mobile communications equipment, and radio and
television studio and broadcasting equipment."[^202] The SBA has
developed a small business size standard for Radio and Television
Broadcasting and Wireless Communications Equipment Manufacturing, which
is: all such firms having 750 or fewer employees.[^203] According to
Census Bureau data for 2002, there were a total of 1,041 establishments
in this category that operated for the entire year.[^204] Of this total,
1,010 had employment of under 500, and an additional 13 had employment
of 500 to 999.[^205] Thus, under this size standard, the majority of
firms can be considered small.

**D. Description of Projected Reporting, Recordkeeping, and Other
Compliance Requirements\
for Small Entities**

The *Second Report and Order* does not impose any additional reporting,
recordkeeping, or other compliance requirements on small entities. The
rule amendments adopted in the *Second Report and Order* generally
either relieve licensees of pre-existing technical constraints or simply
streamline and update the Commission's Rules in a manner that will have
no impact at all on regulatory compliance costs.

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

The RFA requires an agency to describe any significant alternatives that
it has considered in developing its approach, which may include the
following four alternatives (among others): "(1) the establishment of
differing compliance or reporting requirements or timetables that take
into account the resources available to small entities; (2) the
clarification, consolidation, or simplification of compliance and
reporting requirements under the rule for such small entities; (3) the
use of performance rather than design standards; and (4) an exemption
from coverage of the rule, or any part thereof, for such small
entities."[^206]

As explained in Section D of this FRFA, *supra*, the *Second Report and
Order* does not impose any additional reporting, recordkeeping, or other
compliance requirements on small entities. In the *Second* *Report and
Order*, the Commission discusses the possibility of further relaxing
AMS(R)S technical requirements to accommodate non-Inmarsat satellite
systems, and the Commission did consider, as one alternative,
immediately amending the Part 80 rules for that purpose.[^207] The
Commission ultimately decided, however, that it would be prudent to seek
further comment on this question, especially in light of the fact that
the International Civil Aviation organization (ICAO) has not yet adopted
Standards and Recommended Practices for such AMS(R)S operations.[^208]
Similarly, the Commission could have adopted Part 87 licensing rules for
AMS(R)S in the 1.6 GHz, 2 GHz, and 5 GHz frequency bands, subject to a
requirement that satellite system operators accord priority and
preemptive access to AMS(R)S communications over other types of
communications. The Commission deferred a final decision on this matter,
primarily to acquire additional information regarding whether such a
priority and preemptive access requirement is truly necessary, and
regarding the burden such a requirement may impose on MSS/AMS(R)S
licensees.[^209]

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

None.

**[Report to Congress]{.underline}**: The Commission will send a copy of
the *Second Report and Order* in WT Docket No. 01-289, including the
Final Regulatory Flexibility Analysis, in a report to be sent to
Congress pursuant to the Congressional Review Act.[^210] In addition,
the Commission will send a copy of the *Second Report and Order* in WT
Docket No. 01-289, including the Final Regulatory Flexibility Analysis,
to the Chief Counsel for Advocacy of the SBA. A copy of the *Second
Report and Order* in PR Docket No. 92-257 and the Final Regulatory
Flexibility Analysis (or summaries thereof) will also be published in
the Federal Register.[^211]

**APPENDIX E**

**Initial Regulatory Flexibility Analysis**

(*Second* *Further Notice of Proposed Rule Making* in WT Docket No.
01-289)

As required by the Regulatory Flexibility Act (RFA),[^212] the
Commission has prepared this Initial Regulatory Flexibility Analysis
(IRFA) of the possible significant economic impact on small entities of
the policies and rules proposed in the *Second* *Further Notice of
Proposed Rule Making* in WT Docket No. 01-289 (*2d FNPRM*). Written
public comments are requested on this IRFA. Comments must be identified
as responses to the IRFA and must be filed by the deadlines for comments
on the *2d FNPRM* as provided in paragraph 49 of the item, *supra*. The
Commission will send a copy of the *2d FNPRM*, including this IRFA, to
the Chief Counsel for Advocacy of the Small Business
Administration.[^213] In addition, the *2d FNPRM* and IRFA (or summaries
thereof) will be published in the Federal Register*.*[^214]

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

The proposed rules in the *2d FNPRM* are intended to further streamline,
consolidate and clarify the Commission's Part 87 Rules; remove
unnecessary or duplicative requirements; address new international
requirements; and promote flexibility and efficiency in the use of
aviation radio equipment in a manner that will further aviation safety.
In the *2d FNPRM*, we request comment specifically on whether we should:
(a) broaden the AMS(R)S rules to accommodate the provision of AMS(R)S by
additional satellite systems;[^215] (b) mandate that AMS(R)S
communications in the 1.6 GHz, 2 GHz, and 5 GHz frequency bands be given
priority and preemptive access;[^216] (c) delete a regulatory provision
which permits limited use of the VHF band for AMS(R)S
communications;[^217] (d) consider proposing rules that would require a
transition to 8.33 kHz channelization in the aeronautical enroute
service;[^218] (e) reduce the number of frequencies designated for
Flight Information Services -- Broadcast (FIS-B);[^219] (f) codify the
terms of a special temporary authorization (STA) permitting the use of
specified frequencies for air-to-air communications in Hawaii;[^220] (g)
codify the terms of an STA permitting the use of specified frequencies
for air-to-air communications in the Los Angeles area;[^221] (h) clarify
the circumstances under which an airport is limited to a single
aeronautical advisory station (unicom);[^222] (i) permit the assignment
and transfer of control of aircraft radio licenses;[^223] and (j) phase
out the authorization of ELTs designed to operate on 121.5 MHz.[^224]

B.  **Legal Basis**

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

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

The RFA directs agencies to provide a description of and, where
feasible, an estimate of the number of small entities that may be
affected by the proposed rules, if adopted.[^225] The RFA generally
defines the term "small entity" as having the same meaning as the terms
"small business," "small organization," and "small governmental
jurisdiction."[^226] In addition, the term "small business" has the same
meaning as the term "small business concern" under the Small Business
Act.[^227] A small business concern is one that: (1) is independently
owned and operated; (2) is not dominant in its field of operation; and
(3) satisfies any additional criteria established by the SBA.[^228]
Pursuant to 5 U.S.C. § 601(3), the statutory definition of a small
business applies "unless an agency after consultation with the Office of
Advocacy of the SBA, and after opportunity for public comment,
establishes one or more definitions of such term which are appropriate
to the activities of the agency and publishes such definition(s) in the
Federal Register."

Small businesses in the aviation and marine radio services use a marine
very high frequency (VHF), medium frequency (MF), or high frequency (HF)
radio, any type of emergency position indicating radio beacon (EPIRB)
and/or radar, an aircraft radio, and/or any type of emergency locator
transmitter (ELT). The Commission has not developed a definition of
small entities specifically applicable to these small businesses. For
purposes of this IRFA, therefore, the applicable definition of small
entity is the definition under the SBA rules applicable to wireless
service providers. The SBA has developed a small business size standard
for wireless firms within the two broad economic census categories of
"Paging"[^229] and "Cellular and Other Wireless
Telecommunications."[^230] Under both categories, the SBA deems a
wireless business to be small if it has 1,500 or fewer employees. For
the census category of Paging, Census Bureau data for 2002 show that
there were 807 firms in this category that operated for the entire
year.[^231] Of this total, 804 firms had employment of 999 or fewer
employees, and three firms had employment of 1,000 employees or
more.[^232] Thus, under this category and associated small business size
standard, the majority of firms can be considered small. For the census
category of Cellular and Other Wireless Telecommunications, Census
Bureau data for 2002 show that there were 1,397 firms in this category
that operated for the entire year.[^233] Of this total, 1,378 firms had
employment of 999 or fewer employees, and 19 firms had employment of
1,000 employees or more.[^234] Thus, under this second category and size
standard, the majority of firms can, again, be considered small.

Some of the rules proposed herein may also affect small businesses that
manufacture aviation radio equipment. The Commission has not developed a
definition of small entities applicable to aviation radio equipment
manufacturers. Therefore, the applicable definition is that for Radio
and Television Broadcasting and Wireless Communications Equipment
Manufacturers. The Census Bureau defines this category as follows: "This
industry comprises establishments primarily engaged in manufacturing
radio and television broadcast and wireless communications equipment.
Examples of products made by these establishments are: transmitting and
receiving antennas, cable television equipment, GPS equipment, pagers,
cellular phones, mobile communications equipment, and radio and
television studio and broadcasting equipment."[^235] The SBA has
developed a small business size standard for Radio and Television
Broadcasting and Wireless Communications Equipment Manufacturing, which
is: all such firms having 750 or fewer employees.[^236] According to
Census Bureau data for 2002, there were a total of 1,041 establishments
in this category that operated for the entire year.[^237] Of this total,
1,010 had employment of under 500, and an additional 13 had employment
of 500 to 999.[^238] Thus, under this size standard, the majority of
firms can be considered small.

Some of the rules proposed herein may also affect providers of satellite
telecommunications services. There is no small business size standard
developed specifically for providers of international service. The
appropriate size standards under SBA rules are for the two broad census
categories of "Satellite Telecommunications" and "Other
Telecommunications." Under both categories, such a business is small if
it has \$13.5 million or less in average annual receipts.[^239]

The first category of Satellite Telecommunications "comprises
establishments primarily engaged in providing point-to-point
telecommunications services to other establishments in the
telecommunications and broadcasting industries by forwarding and
receiving communications signals via a system of satellites or reselling
satellite telecommunications."[^240] For this category, Census Bureau
data for 2002 show that there were a total of 371 firms that operated
for the entire year.[^241] Of this total, 307 firms had annual receipts
of under \$10 million, and 26 firms had receipts of \$10 million to
\$24,999,999.[^242] Consequently, we estimate that the majority of
Satellite Telecommunications firms are small entities that might be
affected by our action.

The second category of Other Telecommunications "comprises
establishments primarily engaged in (1) providing specialized
telecommunications applications, such as satellite tracking,
communications telemetry, and radar station operations; or (2) providing
satellite terminal stations and associated facilities operationally
connected with one or more terrestrial communications systems and
capable of transmitting telecommunications to or receiving
telecommunications from satellite systems."[^243] For this category,
Census Bureau data for 2002 show that there were a total of 332 firms
that operated for the entire year.[^244] Of this total, 259 firms had
annual receipts of under \$10 million and 15 firms had annual receipts
of \$10 million to \$24,999,999.[^245] Consequently, we estimate that
the majority of Other Telecommunications firms are small entities that
might be affected by our action.

D.  **Description of Projected Reporting, Recordkeeping, and Other
    Compliance Requirements** **for Small Entities**

Most of the possible rule changes under consideration in the *2d FNPRM*
generally would not impose any new compliance requirements on any
entity. The proposals to codify existing STAs would, if adopted, relieve
aircraft operators in Hawaii and the Los Angeles area of the regulatory
restrictions that impelled them to seek those STAs.[^246] With two
exceptions, we believe the other proposed rules would have no
significant effect on the compliance burdens of regulatees. We invite
comment on our tentative conclusion that the following possible rule
changes will not have a negative impact on small entities, or for that
matter any entities, and do not impose new compliance costs on any
entity: (1) reducing the number of frequencies designated for FIS-B; (2)
codifying the terms of the STA permitting the use of specified
frequencies for air-to-air communications in Hawaii; (3) codifying the
terms of the STA permitting the use of specified frequencies for
air-to-air communications in the Los Angeles area; (4) clarifying the
circumstances under which an airport is limited to a single unicom; (5)
permitting the assignment and transfer of control of aircraft radio
licenses; (6) phasing out the authorization of ELTs designed to operate
on 121.5 MHz; and (7) deleting a regulatory provision which permits
limited use of the VHF band for AMS(R)S communications. To the extent
that commenters believe that any of the above possible rule changes
would impose a new reporting, recordkeeping, or compliance burden on
small entities, we ask that they describe the nature of that burden in
some detail and, if possible, quantify the costs to small entities.

We are considering in the *2d FNPRM* whether to mandate that mobile
satellite systems providing AMS(R)S accord priority and preemptive
access to AMS(R)S communications vis-à-vis public correspondence and
other non-safety-related communications in the 1.6 MHz, 2 MHz, and 5 MHz
bands,[^247] as they already are required to do in the 1545-1559 MHz and
1646.5-1660.5 MHz bands.[^248] To the extent that such a requirement
would impose a new compliance burden, however, the burden would fall
only on mobile satellite service (MSS) licensees. MSS licensees are not
small entities.[^249] Accordingly, we do not believe this requirement
will have a direct and significant economic impact on any small
entities.

In addition, we believe that mandating a transition to 8.33 kHz channel
spacing in the aeronautical enroute service might impose a new
compliance burden on aircraft station licensees because of the need to
replace existing avionics equipment designed to operate with 25 kHz
channel spacing. This burden might be incurred not only by the major air
carriers, but also by smaller carriers and others that may qualify as
small entities. In the *2d FNPRM*, we seek comment on whether the public
interest benefits of a mandatory narrowbanding of the aeronautical
enroute spectrum would outweigh the costs and difficulties that such an
effort would engender.[^250] We seek estimates of projected compliance
costs, with an explanation of all assumptions on which the estimates are
based.[^251] We here reiterate that request, and we specifically ask
interested parties to address potential compliance costs for small
entities.

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

The RFA requires an agency to describe any significant alternatives that
it has considered in reaching its proposed approach, which may include
the following four alternatives: (1) the establishment of differing
compliance or reporting requirements or timetables that take into
account the resources available to small entities; (2) the
clarification, consolidation, or simplification of compliance or
reporting requirements under the rule for small entities; (3) the use of
performance, rather than design, standards; and (4) an exemption from
coverage of the rule, or any part thereof, for small entities.[^252]

In the *2d FNPRM*, we request further comment on, *inter alia*, the
nature of any burden that might be incurred by MSS licensees if required
to provide priority and preemptive access to AMS(R)S communications in
the 1.6 GHz, 2 GHz, and 5 GHz frequency bands. For reasons stated above,
we believe MSS licensees are not small entities. Commenters who believe
otherwise are invited to explain why MSS licensees should be deemed
small entities, and to propose steps, such as those described in the
immediately preceding paragraph, that might eliminate or minimize the
burden of a priority and preemptive access requirement on MSS licensees.

In the *2d FNPRM*, we also seek comment on various means of limiting the
impact of a transition to 8.33 kHz channel spacing in the aeronautical
enroute service in the event such a transition is mandated. We ask
commenters to suggest the appropriate duration of any period(s) of
transition and to consider whether grandfathering provisions of some
sort should be adopted to mitigate the costs of retrofitting
aircraft.[^253] We also ask whether transition schedules should be
staggered based on criteria relating to the size of the carrier or the
class of aircraft.[^254] We reiterate those requests here, and ask
interested parties to consider any other means to lessen potential
compliance burdens on small entities if the Commission ultimately
mandates a transition to 8.33 kHz channel spacing in the aeronautical
enroute service. In addition, to the extent commenters believe any of
the other possible rule changes discussed in the *2d FNPRM* might impose
any significant economic impact on small entities, we invite them to
address any or all of the aforementioned regulatory alternatives and to
suggest additional alternatives to minimize that impact. Any significant
alternative presented in the comments will be considered.

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

None.

[^1]: 47 C.F.R. § 87.1 *et seq*.

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

[^3]: *See* Review of Part 87 of the Commission's Rules Concerning the
    Aviation Radio Service, *Report and Order and Further Notice of
    Proposed Rule Making*, WT Docket No. 01-289, 18 FCC Rcd 21432 (2003)
    (*Report and Order* and *FNPRM*, respectively).

[^4]: AMS(R)S is a radio service providing communications via satellite
    between aircraft earth stations and land stations or other aircraft
    earth stations. *See* The Establishment of Policies and Service
    Rules for the Mobile Satellite Service in the 2 GHz Band, *Report
    and Order*, IB Docket No. 99-81, 15 FCC Rcd 16127, 16154 ¶ 61
    (2000). Aircraft earth stations are mobile earth stations in the
    aeronautical mobile-satellite service that are located on board an
    aircraft. *See* 47 C.F.R. § 87.5.

[^5]: Under consideration in this proceeding is whether AMS(R)S stations
    operating in the 1610-1626.5 MHz (1.6 GHz), 2000-2020 MHz (2 GHz),
    and 5000-5150 MHz (5 GHz) bands should be licensed under Part 87,
    and, if so, whether priority and preemptive access should be
    accorded to AMS(R)S in these three frequency bands. As set forth,
    *infra*, we seek further comment on AMS(R)S issues in the *Second
    Further Notice of Proposed Rule Making*.

[^6]: *See* *Report and Order*, 18 FCC Rcd at 21435-36 ¶ 5.

[^7]: *See* Reorganization and Revision of Part 87 Governing the
    Aviation Services, *Report and Order*, PR Docket No. 87-215, 3 FCC
    Rcd 4171 (1988).

[^8]: Unicom stations are used to provide safety-related and other
    information to aircraft, primarily general aviation aircraft. Unicom
    transmissions are limited to the necessities of safe and expeditious
    operation of aircraft, including runway conditions, types of fuel
    available, wind conditions, weather information, dispatching, and
    other necessary safety information. However, unicom stations may
    also transmit, on a secondary basis, information pertaining to the
    efficient portal-to-portal transit of an aircraft, such as
    information concerning available ground transportation, food, and
    lodging. Unicoms must provide impartial information concerning
    available ground services, and must provide service to any aircraft
    station upon request and without discrimination. *See* 47 C.F.R. §
    87.215.

[^9]: Radionavigation land stations are land stations that assist with
    navigation using radiodetermination. *See* 47 C.F.R. § 87.5.
    Radiodetermination is the determination of the position, velocity
    and/or other characteristics of an object, or the obtaining of
    information relating to these parameters, by means of the
    propagation of radio waves. *Id*.

[^10]: DGPS is a technological advancement in the Global Positioning
    System (GPS), a global radionavigation system utilizing a
    constellation of twenty-four satellites to provide military and
    civilian users with real-time location, velocity and timing
    information. DGPS improves the positioning accuracy that can be
    obtained by GPS receivers by adjusting for positioning errors caused
    by, for example, signal bounce or signal noise. DGPS provides this
    enhanced accuracy through the use of fixed transmitting stations,
    which calculate differences in known locations with the position the
    GPS satellite system is indicating, and send this "differential"
    information via radio link to mobile units. *See Report and Order*,
    18 FCC Rcd at 21456 ¶ 50.

[^11]: Aeronautical enroute stations are used for air-ground operational
    control communications to aircraft along domestic or international
    air routes, and may not be used for public correspondence. *See* 47
    C.F.R. § 87.261(a). Airlines and other companies that maintain
    fleets of aircraft use these stations to satisfy certain FAA
    requirements. In the case of large trunk air carriers, these
    stations are used for maintaining reliable communications between
    each aircraft and the appropriate dispatch office. In the case of
    small airlines and large commercial aircraft operations,
    aeronautical enroute stations are used for maintaining
    flight-following systems. *See* 14 C.F.R. §§ 121.99, 121.125.

[^12]: *See Report and Order*, 18 FCC Rcd at 21434 ¶ 2, 21436-67 ¶¶
    6-75.

[^13]: *Id*. at 21440-41 ¶¶ 15-16, *citing* Amendment of Parts 2, 25,
    and 87 of the Commission\'s Rules to Implement Decisions from World
    Radiocommunication Conferences Concerning Frequency Bands Between 28
    MHz and 36 GHz and to Otherwise Update the Rules in this Frequency
    Range, *Notice of Proposed Rule Making*, ET Docket No. 02-305, 17
    FCC Rcd 19756 (2002) (*Above 28 MHz NPRM*).

[^14]: *See Report and Order*, 18 FCC Rcd at 21466 ¶ 72.

[^15]: *See FNPRM*, 18 FCC Rcd at 21467-76 ¶¶ 76-92.

[^16]: *See* Appendix A for a list of the parties submitting comments
    and/or reply comments in response to the *FNPRM*. The NTIA Reply
    Comments were filed after the closing of the comment period. On our
    own motion, we accept the late-filed NTIA Reply Comments as part of
    the record in the interest of having as complete a record as
    possible upon which to base the decisions herein. Only one
    commenter, ARINC, filed both comments and reply comments, and we
    therefore refer to the other parties' pleadings, whether comments or
    reply comments, simply as comments inasmuch as there is no need to
    distinguish between comments and reply comments except in the case
    of ARINC. Cessna filed comments simply to indicate its agreement
    with the proposals set forth in the *FNPRM*, without further
    elaboration. *See* Cessna Comments at 1.

[^17]: *See FNPRM*, 18 FCC Rcd at 21468 ¶ 77.

[^18]: ADS-B Service automatically broadcasts GPS-derived information on
    the location, velocity, altitude, heading, etc. of an ADS-B equipped
    aircraft to other ADS-B equipped aircraft and to ADS-B ground
    stations for distribution to air traffic control systems.

[^19]: RTCA is an FAA-sponsored association of aeronautical
    organizations with diverse membership. Organized in 1935 as the
    Radio Technical Commission for Aeronautics, RTCA today includes over
    200 government, industry, and academic organizations from the United
    States as well as other nations, who seek technical solutions to
    problems involving the application of electronics and
    telecommunications to aeronautical operations. The findings of RTCA
    are in the nature of recommendations to all organizations concerned.
    While RTCA is not a government agency, its Special Committees act
    under the Federal Advisory Committee Act and its findings and
    recommendations are often adopted and turned into policy by
    government agencies.

[^20]: *See* Minimum Operational Performance Standards for Universal
    Access Transceiver (UAT) Automatic Dependent Surveillance Broadcast
    (ADS-B), RTCA/DO-282 (RTCA, Inc. 2002) (RTCA DO-282).

[^21]: *See FNPRM*, 18 FCC Rcd at 21468 ¶ 77.

[^22]: 47 C.F.R. § 2.106.

[^23]: *See FNPRM*, 18 FCC Rcd at 21468 ¶ 77.

[^24]: *See* Garmin Comments at 1-6; ARINC Reply Comments at 1; NTIA
    Comments at 2.

[^25]: *See* Garmin Comments at 2-3. Garmin notes that maximum UAT
    performance can be attained only if no other high-power signals are
    present on 978 MHz or the adjacent frequencies, but that the UAT
    system is compatible with low-level transmissions on those
    frequencies, such as those presently authorized for radionavigation
    land test equipment. *Id*. at 3.

[^26]: *See FNPRM*, 18 FCC Rcd at 21468 ¶ 77

[^27]: In response to suggestions by Garmin and NTIA, we adopt rules
    that are slightly modified from those proposed in Appendix B of the
    *FNPRM*. Garmin correctly notes that there was a typographical error
    in the proposed emission mask for UAT. *See* Garmin Comments at 4.
    We correct that error so that Section 87.139(l)(2), as amended, will
    specify that UAT transmitters with an output power of five watts or
    more must limit their emissions "by at least 43 + 10 log (P) dB" on
    any frequency removed from the assigned frequency by more than 250%
    of the occupied bandwidth. In addition, we also revise the language
    of Section 87.139(l)(2)-(3), as proposed by NTIA, to make clear that
    spurious emissions must be measured with a bandwidth of 100 kHz.
    *See* NTIA Comments at 2-3. Garmin and NTIA also propose various
    station class codes and subparts to be associated with UAT in the
    Section 87.173(b) table of frequency allocations, and propose
    related additional amendments pertaining to UAT implementation.
    *See* Garmin Comments at 4-5; NTIA Comments at 3-4. We conclude,
    however, that amending the rules in accord with these proposals, and
    including references to UAT in multiple Part 87 subparts as we
    initially proposed, is unnecessary and might be misleading as to the
    intended scope of the authorization of UAT. It will suffice, we
    believe, to include a station class code for UAT, MA and MOU at 978
    MHz in the Section 87.173(b) table, along with a reference to UAT in
    the remarks column. UAT will be authorized for aircraft stations
    (MA) as part of the aircraft station license. We also authorize UAT
    under the licenses for fixed ground stations as a separate and
    unique station class (UAT), and aeronautical utility mobile stations
    (MOU). We are also modifying the emission designator and authorized
    bandwidth proposed for Section 87.137(a) to reflect the authorized
    bandwidth defined in Sections 2.2.2.6 and 2.2.2.7 of RTCA DO-282.
    (RTCA DO-282 uses the term "authorized bandwidth" interchangeably
    with the term "occupied bandwidth." *Compare* RTCA DO-282 Figure 2-2
    with RTCA DO-282 § 2.2.2.7.) Finally, we add a definition of UAT to
    Section 87.5 of the Commission's Rules, 47 C.F.R. § 87.5.

[^28]: We find that a footnote of this kind is necessary because UAT
    signals are data streams transmitted from, *e.g.*, aircraft or
    ground-based radar systems, while the 960-1164 MHz band is allocated
    only to the aeronautical radionavigation service. We therefore
    disagree with commenters who do not see any need to amend the Table
    of Frequency Allocations. *See* Garmin Comments at 3-4; NTIA
    Comments at 2. By definition, a data transmission is not considered
    a radionavigation application. Radionavigation must be accomplished
    by obtaining information by means of the propagation properties of
    radio waves. *See* 47 C.F.R. § 2.1. The Commission made a similar
    determination when it recently adopted footnote US343, which
    authorizes another type of datalink operation (DGPS stations) in the
    bands 108-117.975 and 1559-1610 MHz. *See* *Report and Order*, 18
    FCC Rcd at 21457 ¶¶ 51-52.

[^29]: *See, e.g*., Boeing Comments \[to the *NPRM*\] at 9-10; ARINC/ATA
    Reply Comments \[to the *NPRM*\] at 7; Rockwell Collins Comments
    \[to the *NPRM*\] at 7; Inmarsat Reply Comments \[to the *NPRM*\] at
    1.

[^30]: *See* *FNPRM*, 18 FCC Rcd at 21468-70 ¶ 78-81. Boeing contended
    that the Part 87 rules governing AMS(R)S had been developed
    primarily for aircraft that communicate via the Inmarsat satellite
    system and, as a result, they contain technical restrictions that,
    while appropriate for Inmarsat, "have little or no relevance to
    satellite networks using different or more advanced technical
    configurations." *Id.* at 21470 ¶ 81, *citing* Boeing Comments \[to
    the *NPRM*\] at 9; *see also* ARINC/ATA Reply Comments \[to the
    *NPRM*\] at 7.

[^31]: CDMA technology is a multiple-access technique that, by the use
    of multiple spreading-codes, permits several users to simultaneously
    make use of the same spectrum.

[^32]: *See FNPRM,* 18 FCC Rcd at 21469 ¶ 79.

[^33]: *Id*. at 21469 ¶ 78. The *FNPRM* mistakenly referred to the *VHF*
    AMS(R)S band as the frequency band under consideration for a
    relaxation of technical requirements*.* We clarify that the intent
    was only to consider such relaxation with respect to the 1.6 GHz, 2
    GHz, and 5 GHz bands, along with the frequency bands already
    designated for AMS(R)S in Part 87, *i.e.*, the 1545-1559 MHz and
    1646.5-1660.5 MHz bands. We agree with commenters that the VHF band
    is too congested to permit expanded AMS(R)S operations. *See* ARINC
    Comments at 1; NTIA Comments at 5; Rockwell Collins Comments at 3-4.
    In fact, in the *Second Further Notice of Proposed Rule Making*, we
    propose to delete a footnote in the Table of Frequency Allocations
    for the purpose of prohibiting any AMS(R)S operations in the VHF
    band, even on a secondary basis. *See* ¶ 33, *infra*.

[^34]: *See FNPRM*, 18 FCC Rcd. at 21470 ¶ 80.

[^35]: *Id*. at 21470-71 ¶ 82. The Commission also invited comment in
    the *FNPRM* as to whether there was a need to amend the Part 87
    Rules to better accommodate TDMA emissions in the aeronautical VHF
    band. *See FNPRM*, 18 FCC Rcd at 21469 ¶ 79. We received no comments
    suggesting a need for any such amendment, and we continue to believe
    that regulatory provisions adopted by the Commission in 2001
    adequately accommodate TDMA emissions in the VHF band. *See*
    Amendment of Parts 2 and 87 of the Commission's Rules to Accommodate
    Advanced Digital Communications in the 117.975-137 MHz Band and to
    Implement Flight Information Services in the 136-137 MHz Band,
    *Report and Order*, WT Docket No. 00-77, 16 FCC Rcd 8226,
    *reconsideration granted in part*, *Memorandum Opinion and Order*,
    WT Docket No. 00-77, 17 FCC Rcd 360 (2001) (*FIS-B Order*).

[^36]: *See, e.g.,* Boeing Comments at 2-3; Globalstar Comments at 2-3;
    Iridium Comments at 5-6; Rockwell Collins Comments at 3-4. These
    commenters request that the Commission authorize the use of any
    AMS(R)S equipment that has been approved by the FAA pursuant to
    TSO-C159, the FAA's Technical Standard Order Supporting Avionics for
    Next Generation Satellite Systems (NGSS). *See* FAA TSO-C159,
    Avionics Supporting Next Generation Satellite Systems (NGSS) (Sept.
    20, 2004) (TSO-C159). TSO-C159 was a proposed standard when the
    parties filed comments in response to the *FNPRM*. It was
    subsequently adopted by the FAA after the comment and reply comment
    periods in this proceeding closed, effective September 20, 2004.
    *See* 69 Fed. Reg. 35127 (June 23, 2004);
    http://www.airweb.faa.gov/Regulatory_and_Guidance_Library
    /rgtso.nsf/MainFrame?OpenFrameSet. TSO-C159 incorporates by
    reference the RTCA MOPS for NGSS. *See* TSO-C159 § 3.c. (requiring
    compliance with RTCA/DO-160D, "Environmental Conditions and Test
    Procedures for Airborne Equipment," dated July 29, 1997, including
    Change 1, dated December 14, 2000, Change 2, dated June 12, 2001,
    and Change 3, dated December 5, 2002).

[^37]: *See* NTIA Comments at 5-6; ARINC Reply Comments at 2.

[^38]: *See* NTIA Comments at 5-6. ICAO is an international body,
    operating under the auspices of the United Nations, that develops
    standards and recommended practices for international application in
    civil air navigation. Its recommendations, in part, serve as the
    basis for the Aviation Radio Service rules. *See* 47 C.F.R. §
    87.1(a)(3). *See also* ARINC Comments at 2 (referencing RTCA, ICAO,
    and AEEC).

[^39]: *See* note 36, *supra*.

[^40]: *See* The Boeing Co., *Order and Authorization*, 18 FCC Rcd 12317
    (OET/Int'l. Bur. 2003) (granting Boeing's request to modify its
    license for a 2 GHz MSS system to change from a non-geostationary
    system to a single geostationary satellite); Commission Invites
    Comments Concerning Use of Portions of Returned 2 GHz Mobile
    Satellite Service Frequencies, *Public Notice*, IB Docket No.
    05-220, FCC 05-133, at 1 (rel. June 29, 2005) (noting the surrender
    of 2 GHz licenses, including Boeing's).

[^41]: See Use of Aeronautical Mobile Satellite Service Earth Stations
    in Frequency Bands Allocated to the Fixed Satellite Service, IB
    Docket No. 05-20, *Notice of Proposed Rule Making*, 20 FCC Rcd 2906
    (2005).

[^42]: *See* para. 30, *infra*.

[^43]: *See Report and Order*, 18 FCC Rcd at 21439-40 ¶¶ 12-14.

[^44]: The Commission stated in the text of the *Report and Order* that
    it was "declin\[ing\] to amend the Rules to provide the additional
    AMS(R)S allotment in Part 87 or expand the reach of footnote US308,"
    *id.* at 21440 ¶¶ 15-16, *citing* *Above 28 MHz NPRM*, 17 FCC Rcd at
    19763 ¶¶ 17-18, but the Final Rules Appendix in the *Report and
    Order* inadvertently amended Section 87.187(q) of the Commission's
    Rules, 47 C.F.R. § 87.187(q), to provide for Part 87 licensing of
    AMS(R)S in the 1.6 GHz and 5 GHz bands, with priority and preemptive
    access. We accordingly take this opportunity to rectify that error
    by amending Section 87.187(q) to restore it to the *status quo
    ante*.

[^45]: *Id.* Footnote US308, 47 C.F.R. § 2.106 n.US308, specifies, "In
    the frequency bands 1549.5--1558.5 MHz and 1651--1660 MHz, the
    Aeronautical-Mobile-Satellite (R) requirements that cannot be
    accommodated in the 1545--1549.5 MHz, 1558.5--1559 MHz, 1646.5--1651
    MHz and 1660--1660.5 MHz bands shall have priority access with
    real-time preemptive capability for communications in the mobile
    satellite service. Systems not interoperable with the aeronautical
    mobile-satellite (R) service shall operate on a secondary basis.
    Account shall be taken of the priority of safety-related
    communications in the mobile-satellite service."

[^46]: In the *Above 28 MHz NPRM*, the Commission proposed to establish
    a primary MSS allocation in the bands 1545-1549.5 MHz, 1558.5-1559
    MHz, 1646.5-1651 MHz, and 1660-1660.5 MHz, and to delete as
    superfluous the AMS(R)S allocations in the bands 1549.5-1558.5 MHz
    and 1651-1660 MHz. *See Above 28 MHz NPRM*, 17 FCC Rcd at 19763 ¶¶
    17-18. Given the pendency of these ET Docket No. 02-305 proposals,
    the Commission reasoned that it would be premature, in the instant
    proceeding, to create a new Part 87 designation for AMS(R)S in the
    1.6 GHz and 5 GHz bands or to extend the protections of priority and
    preemptive access to AMS(R)S operations in those bands. *See FNPRM*,
    18 FCC Rcd at 21440 ¶ 16. The Commission noted, in this regard, that
    adding an allocation for AMS(R)S in the 1.6 GHz and 5 GHz bands
    under Part 87 was being considered primarily in order to make the
    regulatory treatment of AMS(R)S in these bands more consistent with
    the regulatory treatment of AMS(R)S in the frequency bands already
    covered by Part 87, *i.e*., the 1545-1559 MHz and 1646.5-1660.5 MHz
    bands. *Id*. It therefore made sense to wait to see if the decisions
    taken in ET Docket No. 02-305 would materially change the regulatory
    treatment of the latter bands.

[^47]: *See Report and Order,* 18 FCC Rcd at 21440 ¶ 16.

[^48]: *See* Amendment of Parts 2, 25, and 87 of the Commission\'s Rules
    to Implement Decisions from World Radiocommunication Conferences
    Concerning Frequency Bands Between 28 MHz and 36 GHz and to
    Otherwise Update the Rules in this Frequency Range, *Report and
    Order*, ET Docket No. 02-305, 18 FCC Rcd 23426, 23427\
    ¶ 2 (2003) (*Above 28 MHz Report and Order*). The Commission
    explained that "the effect of this action is that the bands
    1545-1559 MHz and 1646.5-1660.5 MHz will be made available to all
    types of MSS communications on a primary basis, rather than
    segmented for specialized use. This action permits more efficient
    use of this radio spectrum and facilitates the expansion of MSS use
    globally." *Id*.

[^49]: *See FNPRM*, 18 FCC Rcd at 21471 ¶ 83.

[^50]: *See* Boeing Comments \[to *NPRM*\] at 5, *citing* Establishment
    of Policies and Service Rules for the Mobile Satellite Service in
    the 2 GHz Band, *Report and Order*, IB Docket No. 99-81, 15 FCC Rcd
    16127, 16155 ¶ 64 (2000); The Boeing Company, Concerning Use of the
    1990-2025/2165-2200 MHz and Associated Frequency Bands for a
    Mobile-Satellite System, *Order and Authorization*, 16 FCC Rcd
    13691, 13704 ¶ 36 (IB 2001). (Although Boeing had referred to the
    1990-2025 MHz band as the MSS 2 GHz band that should be designated
    for AMS(R)S under Part 87, the Commission pointed out in the *FNPRM*
    that all but the 2000-2020 MHz portion of that band had been
    reallocated for new fixed and mobile services, including Advanced
    Wireless Services, after Boeing had filed its comments. *See FNPRM*,
    18 FCC Rcd at 21471 ¶ 83 n.298, *citing* Amendment of Part 2 of the
    Commission\'s Rules to Allocate Spectrum Below 3 GHz for Mobile and
    Fixed Services to Support the Introduction of New Advanced Wireless
    Services, Including Third Generation Wireless Systems, *Third Report
    and Order, Third Notice of Proposed Rule Making and Second
    Memorandum Opinion and Order*, ET Docket No. 00-258, 18 FCC Rcd
    2223, 2238 ¶ 28 (2003).

[^51]: *See, e.g.*, Boeing Comments at 4; ARINC Comments at 2; ARINC
    Reply Comments at 1; Globalstar Comments at 4; Rockwell Collins
    Comments at 4; *see also* Iridium Comments at 3-4 (confining
    discussion to the 1.6 GHz band).

[^52]: The *FNPRM* specifically acknowledged that "the Commission has
    indeed determined that AMS(R)S is a type of \[AMSS\], and that AMSS
    is a type of MSS." *See* *FNPRM*, 18 FCC Rcd at 21471 ¶ 83. This
    view of AMS(R)S as subsumed under MSS underlies the Commission's
    more recent decision in the *Above 28 MHz Report and Order* to
    replace allocations for AMS(R)S with generic MSS allocations in
    order to "enhance flexibility and efficiency" in these bands. *See
    Above 28 MHz Report and Order*, 18 FCC Rcd at 23434 ¶ 20.

[^53]: *See* Boeing Comments at 4.

[^54]: *See* ARINC Comments at 2.

[^55]: *See* 47 C.F.R. 25.1 *et seq*.

[^56]: There are conflicting views in the record as to whether blanket
    licensing of AMS(R)S stations to the satellite system operator
    pursuant to the Global Mobile Personal Communications by Satellite
    (GMPCS) Memorandum of Understanding (GMPCS-MoU) provides an adequate
    alternative to Part 87 licensing of AMS(R)S stations. *Compare*
    ARINC Reply Comments at 2 (stating that "blanket licensing of mobile
    earth terminals by the satellite service provider operating under
    the GMPCS regime ... is unsatisfactory and potentially in violation
    of Article 29 of the Chicago Convention....") *with* Globalstar
    Comments at 3 n.5 (contending that the Chicago Convention licensing
    requirement "does not bar the use of aviation radio services
    provided over commercial MSS systems" and observing that the
    Commission's Rules allow an airline, for example, to obtain a
    blanket license for earth stations to be operated on aircraft in
    coordination with the MSS system operator). GMPCS refers to all
    communication services provided directly to end users by any
    satellite system (global or otherwise), regardless of whether the
    users' terminals are mobile or fixed. *See* 1998 Biennial Regulatory
    Review -- Amendment of Parts 2, 25, and 68 of the Commission\'s
    Rules to Further Streamline the Equipment Authorization Process for
    Radio Frequency Equipment, Modify the Equipment Authorization
    Process for Telephone Terminal Equipment, Implement Mutual
    Recognition Agreements and Begin Implementation of the Global Mobile
    Personal Communications by Satellite (GMPCS) Arrangements, *Report
    and Order*, GEN Docket No. 98-68 13 FCC Rcd 24687, 24688 ¶ 1 n.2
    (1998); Amendment of Parts 2 and 25 to Implement the Global Mobile
    Personal Communications by Satellite (GMPCS) Memorandum of
    Understanding and Arrangements, *Second Report and Order*, IB Docket
    No. 99-67, 18 FCC Rcd 24423, 24427 ¶ 7 (2003).

[^57]: *See, e.g.*, The Boeing Company, *Order and Authorization*, 16
    FCC Rcd 22645 (OET/Int'l. Bur. 2001); ARINC Incorporated, *Order and
    Authorization*, 20 FCC Rcd 7553 (OET/Int'l Bur. 2005).

[^58]: *See* ARINC Comments at 2.

[^59]: *See* Convention between the United States of America and other
    governments respecting international civil aviation, T.I.A.S. No.
    1591, 61 Stat. 1180, 1189, Article 29 (1944) (Chicago Convention).
    Article 29 provides that "Every aircraft of a contracting State,
    engaged in international navigation, shall carry the following
    documents in conformity with the conditions prescribed in this
    Convention: ... (e) If it is equipped with radio apparatus, the
    aircraft radio station license; ...."

[^60]: In the *Report and Order*, the Commission deferred resolution of
    this issue until after it resolved related AMS(R)S allocation and
    regulatory issues in ET Docket No. 02-235, the *Above 28 MHz*
    proceeding. *See Report and Order*, 18 FCC Rcd at 21440 ¶ 16.
    Subsequently, in the *Above 28 MHz Report and Order*, the Commission
    concluded that it should retain footnote US308 to the Section 2.106
    Table of Frequency Allocations without change, thereby preserving
    the mandate for AMS(R)S priority and preemptive access in the
    1545-1559 MHz and 1646.5-1660.5 MHz bands. *See Above 28 MHz Report
    and Order*, 18 FCC Rcd at 23434 ¶ 19. It did so despite strong
    objections to retention of the footnote by Boeing and Inmarsat
    Ventures, plc, that were based in part on a concern that footnote
    US308 implicitly requires an intersystem preemptive capability that
    is infeasible for MSS operators. *Id.* at 23433\
    ¶ 18. Instead, the Commission agreed with another commenter in the
    proceeding, Mobile Satellite Ventures Subsidiary, LLC (MSV), which
    noted that footnote US308 has been in existence for many years and
    is reasonably well-understood, and asserted that deletion of the
    footnote would introduce uncertainty without any countervailing
    benefits. *Id.* at 23433-34 ¶¶ 18-19. MSV also disputed the notion
    that footnote US308 requires *intersystem* preemption. *Id.* at
    23433 ¶ 18.

[^61]: *See* 47 C.F.R. § 2.106 n.US308.

[^62]: *See* NTIA Comments at 4-5; ARINC Reply Comments at 2-3. NTIA and
    ARINC continue to argue that mandatory priority and preemptive
    access for AMS(R)S communications is essential to public safety.
    According to NTIA, a Commission mandate for AMS(R)S priority and
    preemptive access "is crucial to protect safety-of-life
    communications from potential life threatening delays caused by a
    lack of an available channel." NTIA Comments at 4. ARINC asserts
    that without a legal basis for preempting public correspondence for
    critical safety and operational communications, exclusive reliance
    on bilateral contractual arrangements to provide priority and
    preemptive access could lead to disparate treatment of AMS(R)S in
    different areas of the world, and a given civil aviation authority
    could conceivably reject the treatment of AMS(R)S provided for in a
    contract negotiated by another civil aviation authority in a
    different jurisdiction, thereby complicating air commerce. *See*
    ARINC Reply Comments at 3.

[^63]: *See* Boeing Comments at 4-7; Iridium Comments at 4-5. These MSS
    providers argue that a mandate for AMS(R)S priority and preemptive
    access places an unnecessary burden on them since other mechanisms,
    such as FAA regulations, international standards and/or contractual
    arrangements, can ensure that priority and preemptive access will be
    provided to AMS(R)S communications.

[^64]: Given the opponents' assertions that priority and preemptive
    access would be provided to AMS(R)S communications in any event, by
    virtue of FAA requirements, international standards, and/or
    contractual arrangements, it is not clear why a Commission
    requirement for AMS(R)S priority and preemptive access would be more
    burdensome than the same requirement imposed by other mechanisms,
    especially since footnote US308 does not compel AMS(R)S providers to
    follow any particular technical protocol in providing such priority
    or preemptive access. For example, Boeing says that the MOPS
    incorporated by reference in the FAA's NGSS TSO clearly indicate
    that AMS(R)S systems must have the technical capability to provide
    priority and preemptive access for safety communications. According
    to Boeing, the MOPS create a regulatory obligation, enforceable by
    the FAA, which is applicable to any satellite system providing
    AMS(R)S in the bands covered by the MOPS. "Therefore," Boeing
    argues, "no need exists for the Commission to adopt 'duplicative'
    regulations addressing priority and preemptive access for emergency
    AMS(R)S communications in MSS spectrum allocations." *See* Boeing
    Comments at 5; *accord* Globalstar Comments at 3-4.

[^65]: *See* para. 32, *infra*.

[^66]: *See* *Report and Order*, 18 FCC Rcd at 21454-55 ¶¶ 46-47. The
    Commission concluded that Part 87 references to the CAP were
    obsolete because there were no outstanding licenses for CAP
    stations, the Commission has no formal relationship with the CAP,
    and there is no need to carve out special licensing provisions for
    CAP stations. *Id*.

[^67]: *See* 47 C.F.R. § 87.173(b).

[^68]: *See Report and Order*, 18 FCC Rcd at 21454-55 ¶ 47. The
    frequencies in question are 2371 kHz, 2374 kHz, 4466 kHz, 4469 kHz,
    4506 kHz, 4509 kHz, 4582 kHz, 4585 kHz, 4601 kHz, 4604 kHz, 4627
    kHz, 4630 kHz, 26618.5 kHz, 26620 kHz, 26621.5 kHz, 143.75 MHz,
    143.9 MHz, and 148.15 MHz. These are shared
    Government/non-Government frequencies.

[^69]: *See FNPRM*, 18 FCC Rcd at 21471-72 ¶ 84.

[^70]: *See* NTIA Comments at 4.

[^71]: *See* ARINC Comments at 3.

[^72]: *Id*.

[^73]: *Id*.

[^74]: *See* Boeing Comments \[to *NPRM*\] at 14-15. Boeing represented,
    among other things, that it had confirmed the absence of
    radionavigation operations in the band from the International
    Telecommunication Union (ITU), FAA, ICAO, the International Maritime
    Organization (IMO), and U. S. Coast Guard and Canadian Coast Guard
    officials, and that FAA spectrum management personnel had verified
    that there are no plans to use any frequencies in the 14000-14400
    MHz band for aviation services in the future. *Id*.

[^75]: The ITU *Radio Regulations* categorize the world into three
    regions: Region 1, covering Africa, Europe, and Northern and Western
    portions of Asia; Region 2, covering the Americas and Greenland; and
    Region 3, covering Southern portions of Asia, Australia and the
    South Pacific. *See* ITU *Radio Regulations* Article S5, Section I.

[^76]: *See FNPRM*, 18 FCC Rcd at 21472 ¶ 85.

[^77]: *See* 47 C.F.R. § 87.187(x) (listing frequencies available for
    airborne radionavigation devices).

[^78]: 47 C.F.R. § 2.106.

[^79]: *See FNPRM*, 18 FCC Rcd at 21472 ¶ 85.

[^80]: *See* NTIA Comments at 7-8; ARINC Comments at 3-4.

[^81]: In amending the Section 2.106 Table of Frequency Allocations, we
    also remove footnote US292, which is associated only with the
    Ku-band radionavigation allocation in the Table.

[^82]: *See FNPRM*, 18 FCC Rcd at 21472-73 ¶ 86.

[^83]: *See* 47 C.F.R. § 87.173(b).

[^84]: *See* FAA Comments \[to *NPRM*\] at 15-16.

[^85]: 47 C.F.R. § 87.263(d).

[^86]: *See* FAA Comments \[to *NPRM*\] at 16.

[^87]: *See FNPRM*, 18 FCC Rcd at 21472-73 ¶ 86.

[^88]: *See* NTIA Comments at 8; ARINC Comments at 4. We also update the
    "Frequency or frequency band" column of the Section 87.173(b) table
    to reflect that some of the listed frequencies have been reallocated
    in other rulemaking proceedings. Specifically, we replace the
    frequency listing 1435-1535 MHz with a listing for 1435-1525 MHz,
    and we also replace the 2310-2390 MHz listing with listings for
    2310-2320 MHz and 2345-2395 MHz. These amendments reflect two
    previous Commission decisions. First, they reflect the deletion of
    the aeronautical telemetry allocations from the 1525-1535 MHz and
    2320-2345 MHz frequency bands in the *Above 28 MHz* rulemaking
    proceeding. *See* *Above 28 MHz Report and Order*, 18 FCC Rcd 23426
    at 23434 ¶ 20 (deleting the aeronautical telemetry allocation from
    1525-1535 MHz), 23443 ¶ 40 (deleting the secondary aeronautical
    telemetry allocation from the 2320-2345 MHz Satellite Digital Audio
    Radio Service band). Second, they reflect that an earlier
    reallocation of the 2385-2390 MHz band to the Wireless
    Communications Service (WCS) was rescinded, restoring the
    pre-existing allocation of the band for aeronautical telemetry, and
    that an additional allocation for aeronautical telemetry, at
    2390-2395 MHz, was adopted in the *Advanced Wireless Services*
    rulemaking. *See* Amendment of Part 2 of the Commission\'s Rules to
    Allocate Spectrum Below 3 GHz for Mobile and Fixed Services to
    Support the Introduction of New Advanced Wireless Services,
    Including Third Generation Wireless Systems, *Seventh Report and
    Order*, ET Docket No. 00-258, 19 FCC Rcd 21350, 21374 ¶ 49
    (rescinding the reallocation of the 2385-2390 MHz band to WCS),
    21373 ¶ 47 (reallocating the 2390-2395 MHz band to aeronautical
    telemetry on a shared basis) (2004). We also amend Section
    87.187(p), 47 C.F.R. § 87.187(p), to remove the frequency 1525.5 MHz
    from the list of flight testing frequencies available for shared use
    with flight telemetry mobile stations, to be consistent with the
    Commission's removal of that frequency from footnote US78 of the
    Table of Frequency Allocations, 47 C.F.R.\
    § 2.106 n.US78, in 2003. *See Above 28 MHz Report and Order*, 18 FCC
    Rcd 23434 ¶ 20.

[^89]: *See* ARINC Comments at 4.

[^90]: The Commission addressed this precise issue in 1981, and
    determined then that it should continue listing the international HF
    frequencies in Part 87 as a matter of public convenience. *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 No.
    80-243, 87 FCC 2d 382, 392 ¶ 36 (1981). The record in this
    proceeding reflects no changed circumstances that might undermine
    that conclusion.

[^91]: 47 C.F.R. § 87.421.

[^92]: *See FNPRM*, 18 FCC Rcd at 21473 ¶ 87. Ground control
    communications are communications with ground vehicles and aircraft
    on the ground.

[^93]: *See Report and Order*, 18 FCC Rcd at 21447-48 ¶ 33.

[^94]: *See FNPRM*, 18 FCC Rcd at 21473 ¶ 87.

[^95]: *See* NTIA Comments at 8; ARINC Comments at 4.

[^96]: We decline to modify Section 87.421 further as proposed by NTIA.
    *See* NTIA Comments at 12. NTIA proposes that the language in the
    rule specifying that "antenna heights for control towers and RCOs
    shall be restricted to the minimum necessary to achieve the required
    coverage" should be moved from paragraph (c) to a new paragraph (d)
    (and existing paragraph (d) redesignated as paragraph (e)). *Id*.
    NTIA also proposes a revision to Section 87.421(b), which pertains
    to the assignment of frequencies in the 200-285 kHz and 325-405 kHz
    bands to control towers and RCOs. *Id*. NTIA offers these proposals
    in the form of a red-line of the existing rule, but does not offer
    reasons for either proposed change.

[^97]: Letter, dated July 9, 2000, from D'wana R. Terry, Chief, Public
    Safety and Private Wireless Division, Federal Communications
    Commission, to Breitling U.S.A., Inc. (*Breitling Waiver Letter).*

[^98]: The Commission reorganized the Wireless Telecommunications Bureau
    effective November 13, 2003, and the relevant duties of the Public
    Safety and Private Wireless Division were assumed by the Public
    Safety and Critical Infrastructure Division. *See* Reorganization of
    the Wireless Telecommunications Bureau, *Order*, 18 FCC Rcd 25414,
    25414 ¶ 2 (2003).

[^99]: *See FNPRM*, 18 FCC Rcd at 21473-74 ¶¶ 88-89. An ELT is a small
    transmitter carried by an aircraft that is activated automatically
    in the event of a crash. The ELT transmits signals to alert others
    of the distress situation and to assist search and rescue units in
    "homing-in" on the aircraft. *See* Amendment of Parts 80 and 87 of
    the Commission\'s Rules to Authorize Additional Types of Modulation
    for Emergency Position Indicating Radiobeacons and Emergency Locator
    Transmitters in the Maritime and Aviation Services, *Report and
    Order*, PR Docket No. 87-133, 3 FCC Rcd 1027, 1027 ¶ 3 (1988).

[^100]: *See* Letter, dated April 30, 2001, from Aaron M. Panner,
    counsel for Breitling, to D'wana R. Terry, Chief, Public Safety and
    Private Wireless Division, Federal Communications Commission.

[^101]: The four conditions were (1) the Breitling Emergency Watch could
    be sold only to licensed pilots; (2) the device could be operated
    only in aviation emergency situations; (3) the device could be sold
    and operated on a one-year trial basis subject to immediate
    termination at the request of the FAA if the device caused
    interference to other aviation communications; and (4) Breitling
    would have to provide records of all purchases, including pilot
    license number, to the FAA every month during the one-year test
    period, and otherwise make the records available to the Federal
    Government on request. *Breitling Waiver Letter* at 3-4.

[^102]: Breitling U.S.A., Inc., *Order*, 16 FCC Rcd 18560, 18561 ¶ 6
    (WTB PSPWD 2001) (*Breitling Waiver Order*).

[^103]: *Id*. at 18561 ¶ 6.

[^104]: *See FNPRM*, 18 FCC Rcd at 21474 ¶ 89.

[^105]: *See* NTIA Comments at 9. NTIA states that it "has no objection"
    to rules authorizing devices such as the Breitling Emergency Watch,
    provided that the specified safeguards are also adopted. *Id*.

[^106]: Breitling received its waiver on July 9, 2000. In the interim,
    no other entity has applied for a similar waiver or sought
    certification of a device similar to the Breitling Emergency Watch.

[^107]: *See* ¶ 43, *infra*.

[^108]: *See* 47 C.F.R. § 87.107(a)

[^109]: *See FNPRM*, 18 FCC Rcd at 21474-75 ¶ 90.

[^110]: *See* Federal Aviation Administration, *Order*, 17 FCC Rcd
    13637, 13639 ¶ 7 (WTB PSPWD 2002).

[^111]: *Id*. at 13637 ¶ 3.

[^112]: *See* NTIA Comments at 10; ARINC Comments at 5.

[^113]: *See* 47 C.F.R. § 87.107(a)(2).

[^114]: *See* *NPRM*, 16 FCC Rcd at 19026 ¶ 55.

[^115]: *Id*.

[^116]: *See Report and Order*, 18 FCC Rcd at 21466 ¶ 72.

[^117]: *See FNPRM*, 18 FCC Rcd at 21475 ¶ 90. Every aircraft in the
    world has a unique registration number. In the United States, this
    number is called an "N" number because it starts with the letter N.

[^118]: However, we grandfather existing control numbers so that
    ultralight aircraft operators that have acquired such numbers in the
    past may continue to use them for station identification purposes
    indefinitely.

[^119]: *See* NTIA Comments at 10; ARINC Comments at 5. ARINC cautions
    that it continues to be important that ultralight aircraft with
    radio stations use some form of station identification. ARINC
    explains that ultralight aircraft "do not operate on regular
    schedules or in and out of identifiable airports, and as a result,
    they are harder to track down should they be the source of
    interference. Thus some form of station identification is
    essential." ARINC Comments at 5. We share ARINC's concern, and do
    not mean to suggest by this action that ultralight aircraft are
    relieved of the station identification requirement.

[^120]: 47 C.F.R. § 87.395. Section 87.395 provides that all licensees
    are subject to restrictions imposed by appropriate military
    authorities pursuant to SCATANA and the FCC Support Plan when an Air
    Defense Emergency or Defense Emergency exists or is imminent. *See*
    47 C.F.R. § 87.395(b)(1); *see also* 32 C.F.R. Part 245.

[^121]: *See* Amendment of Part 87 of the rules to reflect changes made
    to the Plan for the Security Control of Air Traffic and Air
    Navigation Aids, *Order*, FCC 85-619 (rel. Nov. 26, 1985).

[^122]: *See FNPRM*, 18 FCC Rcd at 21475-76 ¶ 92.

[^123]: *See* ARINC Comments at 6.

[^124]: *See* NTIA Comments at 11.

[^125]: We are not requesting further comment on NTIA proposals to amend
    Sections 87.305 and 87.419 of the Commission's Rules, 47 C.F.R. §§
    87.305, 87.419. NTIA recommends that we amend Section 87.305 to
    clarify that the Aerospace & Flight Test Radio Coordinating Council
    (AFTRCC) is the frequency coordinator for flight test frequencies,
    and, after consultation with AFTRCC, to provide up-to-date contact
    information. *See* NTIA Comments at 11. However, AFTRCC subsequently
    submitted an *ex parte* presentation expressing its view that the
    text of Section 87.305 can be left as is, reasoning that any changes
    to the AFTRCC contact information can be referenced in Commission
    public notices, obviating the need to amend the rule whenever the
    contact information changes. *See* Letter dated Jan. 27, 2005, from
    William K. Keane, counsel for AFTRCC, to Marlene H. Dortch,
    Secretary, FCC. We agree with AFTRCC that the rule should be left
    unchanged, particularly since we, like AFTRCC, are unaware of any
    confusion stemming from the current text. NTIA recommends that we
    amend Section 87.419 to specify that "\[e\]ach application for an
    RCO must be accompanied by a written statement from the appropriate
    FAA Regional Office approving the requested RCO operation." *See*
    NTIA Comments at 12. The practice of the Commission's licensing
    staff has been to coordinate with the FAA before granting new or
    major modification RCO applications. Schedule G of FCC Form 601
    specifically requires the applicant to identify the FAA Regional
    Office that the applicant notified, along with the date of such
    notification. *See* FCC Form 601, Schedule G, item 27. Upon
    receiving the FCC Form 601, the licensing staff sends the frequency
    assignment request to the FAA for coordination, and the application
    is not granted until the FAA approves the frequency assignment.
    Since an RCO authorization cannot be granted without FAA approval,
    and we are aware of no problems with this current practice, we see
    no need to codify a requirement that RCO applicants submit a written
    statement from the FAA Regional Office when submitting the license
    application.

[^126]: *See* paras. 10, 13, *supra*.

[^127]: *See* para. 14, *supra*.

[^128]: *See* ARINC Comments in IB Docket No. 05-20.

[^129]: *See* para. 16, *supra*.

[^130]: We note that the ITU has not established priority and preemptive
    access requirements for MSS allocations outside the 1535-1559 MHz
    and 1626.5-1660 MHz bands. Parties advocating extension of such
    requirements to other MSS bands in the domestic allocation table
    should explain what justification they perceive for introducing a
    discrepancy in this regard between domestic and international
    requirements.

[^131]: *See* NTIA Comments at 5; ARINC Comments at 1-2.

[^132]: *See* 47 C.F.R. § 2.106 n.5.198. Our proposal is limited to the
    United States Table of Frequency Allocations. We propose no change
    to the International Table of Frequency Allocations.

[^133]: *See* NTIA Comments at 5; ARINC Comments at 1-2. NTIA adds that
    it intends to propose a similar change to the ITU Table of Frequency
    Allocations as part of the WRC-07 preparation process. *See* NTIA
    Comments at 5 n.7.

[^134]: *See* 47 C.F.R. § 87.263(a).

[^135]: *See, e.g*., 47 C.F.R. § 87.173(b).

[^136]: In the *Report and Order*, the Commission amended Section 87.137
    of its Rules, 47 C.F.R. § 87.137, to permit certification of dual
    channel spacing transceivers that can communicate using 8.33 kHz
    channels as well as 25 kHz channels, as an accommodation to
    U.S.-registered aircraft flying to, from, or within the nations that
    have implemented the 8.33 kHz channel plan. *See Report and Order*,
    18 FCC Rcd at 21446-47 ¶ 31. The Commission emphasized, however,
    that the use of 8.33 kHz channels in domestic airspace remains
    strictly prohibited. *Id.*

[^137]: *See* ARINC Comments at 6.

[^138]: VDL Mode 2 provides aircraft operators with high-capacity
    digital channels that can be used for both air operational control
    and ATC communications. According to ARINC's website, VDL Mode 2
    technology "will ultimately handle ten times the message volume per
    channel of today\'s standard data link technology, VHF ACARS^®^."
    *See* http://www.arinc.com/news/2004/03-10-04.html.

[^139]: *See* ARINC Comments at 6.

[^140]: *See, e.g*., Dan Reed, *Financial recovery for airlines on rocky
    ground*, Gannett News Service, Sept. 18, 2006, viewed on September
    18, 2006 at the web site of T[he]{.smallcaps} D[esert]{.smallcaps}
    Sun, palm Springs CA,
    <http://www.thedesertsun.com/apps/pbcs.dll/article?AID=/20060918/BUSINESS/609180301>
    (noting that there is a softening demand for air travel that is
    "threatening the still-embryonic financial recovery of the battered
    airline industry"). In recent years, U.S. airlines that have filed
    for Chapter 11 bankruptcy protection include United Airlines, U.S.
    Airways, Delta Airlines, ATA Airlines, Northwest Airlines,
    Independence Air, Hawaiian Airlines and Aloha Airlines.

[^141]: *See* *FIS-B Order*, 16 FCC Rcd at 8233 ¶ 16.

[^142]: *See* 47 C.F.R. § 87.187(dd). Because FIS-B is limited to uplink
    communications, these frequencies may not be used for transmission
    by aircraft.

[^143]: *See* ARINC Comments at 4-5*.* According to ARINC, the FAA
    awarded contracts for the provision of FIS-B to two entities, but
    only one has moved forward with the program. *Id*.

[^144]: *See* 47 C.F.R. § 87.187.

[^145]: *See* Hawaii Air Tour Safety Working Group, Petition for
    Rulemaking, RM-10824 (filed Sept. 26, 2003) (*HATSWG Petition*).

[^146]: *Id.* at 1-3. HATSWG requests specifically that the Commission
    amend Section 87.187 to provide that (1) the frequency 120.650 MHz
    is authorized for air-to-air use for aircraft over and within five
    nautical miles of the shoreline of the Hawaiian Island of Maui; (2)
    the frequency 121.950 MHz is authorized for air-to-air use for
    aircraft over and within five nautical miles of the shoreline of the
    Hawaiian Island of Molokai; (3) the frequency 122.850 MHz is
    authorized for air-to-air use for aircraft over and within five
    nautical miles of the shoreline of the Hawaiian Island of Oahu; (4)
    the frequency 122.850 MHz is authorized for air-to-air use for
    aircraft over and within five nautical miles of the shoreline of the
    Hawaiian Island of Hawaii when aircraft are south and east of the
    215 degree radial of the ITO (Hilo) VOR (*i.e.*, the 215 degree
    radial of very high frequency omni-directional radio range of Hilo
    International Airport); (5) the frequency 127.050 MHz is authorized
    for air-to-air use for aircraft over and within five nautical miles
    of the shoreline of the Hawaiian Island of Hawaii when aircraft are
    north and west of the 215 degree radial of the ITO (Hilo) VOR; and
    (6) the frequency 127.050 MHz is authorized for air-to-air use for
    aircraft over and within five nautical miles of the Hawaiian Island
    of Kauai. *Id*. at 2-3.

[^147]: The *HATSWG Petition* includes as an exhibit a letter from the
    FAA Flight Standards District Office endorsing the HATSWG proposal
    as furthering aviation safety. *Id.* at Exhibit C, Letter dated
    Sept. 12, 2003, from Peter E. Beckner, Manager, Honolulu Flight
    Standards District Office, to FCC.

[^148]: *Id.* at 2.

[^149]: See Consumer & Governmental Affairs Bureau Reference Information
    Center Petition for Rulemaking Filed, *Public Notice*, Report No.
    2637 (CGB rel. Nov. 17, 2003).

[^150]: SCAUWG initially requested to use the frequency 122.85 MHz in
    "Area 1b." *See* Letter dated April 26, 2004, from John F. Kenton,
    Co-Chairman, Southern California Airspace Users Working Group, to
    Kim Kleppinger, FCC (*SCAUWG STA Request*). SCAUWG later requested a
    change to frequency 122.775 MHz in that area. *See* Letter dated
    June 9, 2004, from John F. Kenton, Co-Chairman, Southern California
    Airspace Users Working Group, to Kim Kleppinger, FCC. As so revised,
    the STA authorizes SCAUWG to use (1) the frequency 121.95 MHz in
    Area 1a (southwest of Long Beach): 33°46' N/118°27' W,
    33°47'N/118°12' W, 33°40' N/118°00' W, 33°35' N/118°08' W, 34°00'
    N/118°26' W; (2) the frequency 122.775 MHz in Area 1b (San Fernando
    Valley): 34°22' N/118°30' W, 34°35' N/118°15' W, 34°27' N/118°15' W,
    34°16' N/118°35' W, 34°06' N/118°35' W, 34°05' N/118°50' W; (3) the
    frequency 123.30 MHz in Area 2 (Ontario): 34°08' N/118°00' W, 34°10'
    N/17°08' W, 34°00' N/117°08' W, 33°53' N/117°42' W, 33°58' N/118°00'
    W; and (4) the frequency 123.50 MHz in Area 3a (Perris Valley):
    33°53'N/117°37'W, 34°00' N/117°15' W, 34°00'/117°07' W, 33°28'
    N/116°55' W, 33°27' N/117°12' W, and in Area 3b (El Toro): 33°50'
    N/117°48' W, 33°51' N/117°41' W, 33°38' N/117°30' W, 33°30'
    N/117°30' W, 33°30 N/117°49' W.

[^151]: *See* *SCAUWG STA Request* at 1.

[^152]: *See* Letter dated June 17, 2004, from Tracy Simmons, Associate
    Chief, Licensing Operations, Public Safety and Critical
    Infrastructure Division, Wireless Telecommunications Bureau, to John
    F. Kenton, Co-Chairman, Southern California Airspace Users Working
    Group.

[^153]: S*ee* 47 C.F.R. § 87.323(b) (providing that the frequency
    121.950 MHz and two other frequencies -- 123.300 MHz and 123.500 MHz
    -- are available for assignment to aviation support stations used
    for pilot training, coordination of lighter-than-air aircraft
    operations, or coordination of soaring or free ballooning
    activities, but that applicants for 121.950 MHz must coordinate
    their proposal with the appropriate FAA Regional Spectrum Management
    Office).

[^154]: An RCO, or remote communications outlet, is an unmanned
    communications facility remotely controlled by air traffic
    personnel.

[^155]: 47 C.F.R. § 87.215(b).

[^156]: *See* *Report and Order*, 18 FCC Rcd at 21459 n.211;
    Reorganization and Revision of Part 87 of the Rules Governing the
    Aviation Services, *Notice of Proposed Rule Making*, PR Docket No.
    87-214, 2 FCC Rcd 4069, 4070 ¶¶ 11-12 (1987); *see also, e.g.*,
    Starbase Aviation Incorporated, *Order on Reconsideration*, 19 FCC
    Rcd 21974, 21977 ¶ 8 n.25 (WTB PSCID 2004); The Flight Department,
    *Order*, 18 FCC Rcd 23943, 23945 ¶ 3 (WTB PSPWD 2003); Resort
    Aviation Services, Inc., *Hearing Designation Order*, WT Docket No.
    02-179, 17 FCC Rcd 12816, 12816 n.2 (WTB PSPWD 2002).

[^157]: *See Report and Order*, 18 FCC Rcd at 21459 n.211.

[^158]: *Id.*

[^159]: *Id.*

[^160]: *See* 47 C.F.R. § 1.948(b)(5). The only other types of wireless
    licenses that may not be assigned or transferred are Amateur, Ship,
    Commercial Operator and, except for the 218-219 MHz Service,
    Personal Radio Services licenses. *Id*. The Personal Radio Services
    generally are licensed by rule. *See generally* 47 C.F.R. Part 95.
    The bar on assigning or transferring Amateur and Commercial Operator
    licenses is a logical corollary of the requirement that applicants
    for such licenses pass an examination to demonstrate their
    qualifications. *See* 47 C.F.R. §§ 13.201 (examination requirement
    for Commercial Operator license applicants); 97.501 (examination
    requirement for Amateur Radio Service license applicants).

[^161]: Bankruptcy filings by a licensee are considered to be
    involuntary assignments of the licenses, generally from the licensee
    to the licensee as debtor-in-possession. *See, e.g.,* 47 C.F.R. §
    1.948(c)(2), (g); Wireless Telecommunications Bureau Grants
    Applications for Assignment of Licenses to WorldCom, Inc. and Its
    Subsidiaries as Debtors in Possession, *Public Notice*, 17 FCC Rcd
    24530 (2002); Implementation of Further Streamlining Measures for
    Domestic Section 214 Authorizations, *Declaratory Ruling and Notice
    of Proposed Rulemaking*, CC Docket No. 01-150, 16 FCC Rcd 14109,
    14122 ¶ 27 (2001). In the case of involuntary assignments due to
    bankruptcy, the licensee is given thirty days from the date of the
    bankruptcy filing to file an FCC Form 603 application with the
    Commission. *See* 47 C.F.R. § 1.948(g). As noted, however, aircraft
    licenses may not be assigned, voluntarily or involuntarily, but must
    instead be surrendered for cancellation if the licensee files for
    bankruptcy protection. *See* 47 C.F.R. § 1.948(g). As a result, the
    licensee is deemed to no longer hold the licenses as of the date of
    the bankruptcy filing, and the licensee as a debtor-in-possession
    must re-apply for what are in essence the same licenses. Not only is
    this an expensive and cumbersome process, especially for an entity
    in financial distress, but it almost always results in a time lag
    between the loss of the "old" licenses and the acquisition of the
    "new" licenses (since the latter cannot even be applied for until
    after the bankruptcy filing has occurred), and this means there will
    be some period during which continued operation of the aircraft
    radio stations would technically constitute unauthorized operation,
    a violation which generally could be mitigated but not wholly
    avoided by the quick grant of an STA. Some of these same problems --
    although not those that are specific to involuntary assignments --
    would occur again when, for example, the licensee seeks to
    effectuate a plan of reorganization (necessitating the acquisition
    of new aircraft licenses by the reorganized entity) or a bankruptcy
    trustee seeks to effectuate a liquidation (necessitating the
    acquisition of new aircraft licenses by the purchaser in a
    court-approved asset purchase agreement).

[^162]: COSPAS/SARSAT is a joint international satellite-based search
    and rescue system established by Canada, France, Russia, and the
    United States. COSPAS is an acronym for a Russian phrase meaning
    space system for search and distress vessels. SARSAT stands for
    Search and Rescue Satellite Aided Tracking. *See* Termination of
    121.5/243 MHz Satellite Alerting, *Notice*, National Oceanic and
    Atmospheric Administration Docket No. 010501107-1107-01, 66 Fed.
    Reg. 34912, 34913 (2001) (*NOAA Notice*); *see also*
    <http://www.sarsat.noaa.gov/>.

[^163]: There are three types of emergency or distress beacons:
    Emergency Position Indicating Radio Beacons (EPIRBs) for maritime
    use, ELTs for aircraft use, and Personal Locator Beacons (PLBs) for
    personal use. PLBs, however, are not authorized to operate on the
    frequency 121.5 MHz, but only on 406.025 MHz. *See* Amendment of
    Part 95 of the Commission\'s Rules to Authorize the Use of 406.025
    MHz for Personal Locator Beacons (PLB), *Report and Order*, WT
    Docket No. 99-366, 17 FCC Rcd 19871 (2002).

[^164]: *See* *NOAA Notice*, 66 Fed. Reg. at 34913.

[^165]: Distress signaling on the frequency 243 MHz is restricted to
    military use.

[^166]: *See id.* at 34912. COSPAS/SARSAT decided to stop satellite
    processing of 121.5/243 MHz signals because of poor accuracy and a
    very high incidence of false alerts (over ninety-nine percent) in
    those frequency bands, and based in part on guidance from the IMO
    and ICAO.

[^167]: *See* *id*. at 34913. The emergency beacons in question,
    although sometimes referred to as 406 MHz ELTs or 406.025 MHz ELTs,
    are now referred to in the Commission's Rules as 406.0-406.1 MHz
    ELTs to better reflect that they may operate on various frequencies
    in three kilohertz steps within the 406.0-406.1 MHz band, rather
    than just on a single frequency. *See, e.g.*, 47 C.F.R. § 87.199;
    *see also* Amendment of Parts 13 and 80 of the Commission\'s Rules
    Concerning Maritime Communications, *Report and Order and Further
    Notice of Proposed Rule Making*, WT Docket No. 00-48, 17 FCC Rcd
    6741, 6773-74 ¶¶ 84-85 (2002) (*GMDSS Report and Order*) (adopting
    the same terminology for maritime emergency beacons).

[^168]: NOAA has primary responsibility for operating and maintaining
    the COSPAS/SARSAT system in the United States.

[^169]: *See* http://www.sarsat.noaa.gov/; *see also* *NOAA Notice,* 66
    Fed. Reg. at 34913.

[^170]: 406.0-406.1 MHz emergency beacons transmit a digital signal, and
    are more reliable and more precise than 121.5 MHz emergency beacons
    in locating parties in distress. Unlike 121.5 MHz emergency beacons,
    406.0-406.1 MHz emergency beacons are not susceptible to false
    alerts. Each 406.0-406.1 MHz emergency beacon has a unique
    identifier encoded within the digital signal. As long as this
    identifier has been registered, as is legally required, Rescue
    Control Centers can quickly verify that the distress is real, as
    well as ascertain the identity and location of the parties in
    distress. Beacons operating on 121.5 MHz, in contrast, are not
    capable of automatically verifying that the distress is real, and
    have been triggered by ATM machines, electronic scoreboards, even
    pizza ovens. Accordingly, search and rescue authorities must
    independently verify that a 121.5 MHz distress signal has been
    transmitted due to an actual distress situation.

[^171]: Some contend, for instance, that emergency beacon signals on
    121.5 MHz could be received and relayed to search and rescue
    personnel by over-flying aircraft.

[^172]: The Commission has already mandated a phase-out of EPIRBs
    operating on the frequency 121.5 MHz. The Commission no longer
    certifies such EPIRBs and no longer permits their manufacture,
    importation or sale in the United States. Use of such EPIRBs must
    cease after December 31, 2006. *See GMDSS Report and Order* 17 FCC
    Rcd at 6761-62 ¶ 47; 47 C.F.R. § 80.1055.

[^173]: *See Report and Order*, 18 FCC Rcd at 21476 ¶ 93.

[^174]: *See generally* 47 C.F.R. §§ 1.1202, 1.1203, 1.1206(a).

[^175]: 5 U.S.C. § 603.

[^176]: *Id.* § 603(a).

[^177]: *Id*. § 801(a)(1)(a).

[^178]: *Id*. U.S.C. § 603.

[^179]: *Id*. § 603(a).

[^180]: *See* 5 U.S.C. § 603. The RFA, *see* 5 U.S.C. § 601--612, has
    been amended by the Small Business Regulatory Enforcement Fairness
    Act of 1996 (SBREFA), Pub. L. No. 104-121, Title II, 110 Stat. 857
    (1996).

[^181]: Amendment of Part 87 of the Commission's Rules Concerning the
    Aviation Radio Service, *Report and Order and Further Notice of
    Proposed Rule Making*, WT Docket No. 01-289, 18 FCC Rcd 21432
    (2003).

[^182]: *See* 5 U.S.C. § 604.

[^183]: *See* para. 8, *supra*.

[^184]: *See* para. 18, *supra*.

[^185]: *See* para. 19, *supra*.

[^186]: *See* para. 21, *supra*.

[^187]: *See* para. 22, *supra*.

[^188]: *See* para. 24, *supra*.

[^189]: *See* para. 25, *supra*.

[^190]: *See* para. 27, *supra*.

[^191]: *See* para. 28, *supra*.

[^192]: 5 U.S.C. § 604(a)(3).

[^193]: *Id*. § 601(6).

[^194]: *Id*. § 601(3) (incorporating by reference the definition of
    "small business concern" in 15 U.S.C. § 632). Pursuant to the RFA,
    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." 5 U.S.C. § 601(3).

[^195]: Small Business Act, 15 U.S.C. § 632 (1996).

[^196]: 13 C.F.R. § 121.201, NAICS code 517211.

[^197]: 13 C.F.R. § 121.201, NAICS code 517212.

[^198]: U.S. Census Bureau, 2002 Economic Census, Subject Series:
    Information, "Establishment and Firm Size (Including Legal Form of
    Organization," Table 5, NAICS code 517211 (issued Nov. 2005).

[^199]: *Id.* The census data do not provide a more precise estimate of
    the number of firms that have employment of 1,500 or fewer
    employees; the largest category provided is for firms with "1000
    employees or more."

[^200]: U.S. Census Bureau, 2002 Economic Census, Subject Series:
    Information, "Establishment and Firm Size (Including Legal Form of
    Organization," Table 5, NAICS code 517212 (issued Nov. 2005).

[^201]: *Id.* The census data do not provide a more precise estimate of
    the number of firms that have employment of 1,500 or fewer
    employees; the largest category provided is for firms with "1000
    employees or more."

[^202]: U.S. Census Bureau, 2002 NAICS Definitions, "334220 Radio and
    Television Broadcasting and Wireless Communications Equipment
    Manufacturing";
    <http://www.census.gov/epcd/naics02/def/NDEF334.HTM#N3342>.

[^203]: 13 C.F.R. § 121.201, NAICS code 334220.

[^204]: U.S. Census Bureau, American FactFinder, 2002 Economic Census,
    Industry Series, Industry Statistics by Employment Size, NAICS code
    334220 (released May 26, 2005);
    [http://factfinder.census.gov](http://factfinder.census.gov/). The
    number of "establishments" is a less helpful indicator of small
    business prevalence in this context than would be the number of
    "firms" or "companies," because the latter take into account the
    concept of common ownership or control. Any single physical location
    for an entity is an establishment, even though that location may be
    owned by a different establishment. Thus, the numbers given may
    reflect inflated numbers of businesses in this category, including
    the numbers of small businesses. In this category, the Census
    breaks-out data for firms or companies only to give the total number
    of such entities for 2002, which was 929.

[^205]: *Id*. An additional 18 establishments had employment of 1,000 or
    more.

[^206]: 5 U.S.C. § 603(c)(1)-(4).

[^207]: *See* para. 10, *supra*.

[^208]: *Id*.

[^209]: *See* para. 16, *supra*.

[^210]: *See* 5 U.S.C. § 801(a)(1)(A).

[^211]: *See* *id*. § 604(b).

[^212]: *See* 5 U.S.C. § 603. The RFA, *see* 5 U.S.C. § 601--612, has
    been amended by the Small Business Regulatory Enforcement Fairness
    Act of 1996 (SBREFA), Pub. L. No. 104-121, Title II, 110 Stat. 857
    (1996).

[^213]: *See* 5 U.S.C. § 603(a).

[^214]: *Id*.

[^215]: *See* paras. 30-31, *supra*.

[^216]: *See* para. 32, *supra*.

[^217]: *See* para. 33, *supra*.

[^218]: *See* paras. 34-36, *supra*.

[^219]: *See* para. 37, *supra*.

[^220]: *See* para. 38, *supra*.

[^221]: *See* para. 39, *supra*.

[^222]: *See* para. 40, *supra*.

[^223]: *See* paras. 41-42, *supra*.

[^224]: *See* para. 43, *supra*.

[^225]: 5 U.S.C. § 603(b)(3).

[^226]: *Id*.

[^227]: 5 U.S.C. § 601(3).

[^228]: 5 U.S.C. § 632.

[^229]: 13 C.F.R. § 121.201, NAICS code 517211.

[^230]: 13 C.F.R. § 121.201, NAICS code 517212.

[^231]: U.S. Census Bureau, 2002 Economic Census, Subject Series:
    Information, "Establishment and Firm Size (Including Legal Form of
    Organization," Table 5, NAICS code 517211 (issued Nov. 2005).

[^232]: *Id.* The census data do not provide a more precise estimate of
    the number of firms that have employment of 1,500 or fewer
    employees; the largest category provided is for firms with "1000
    employees or more."

[^233]: U.S. Census Bureau, 2002 Economic Census, Subject Series:
    Information, "Establishment and Firm Size (Including Legal Form of
    Organization," Table 5, NAICS code 517212 (issued Nov. 2005).

[^234]: *Id.* The census data do not provide a more precise estimate of
    the number of firms that have employment of 1,500 or fewer
    employees; the largest category provided is for firms with "1000
    employees or more."

[^235]: U.S. Census Bureau, 2002 NAICS Definitions, "334220 Radio and
    Television Broadcasting and Wireless Communications Equipment
    Manufacturing";
    <http://www.census.gov/epcd/naics02/def/NDEF334.HTM#N3342>.

[^236]: 13 C.F.R. § 121.201, NAICS code 334220.

[^237]: U.S. Census Bureau, American FactFinder, 2002 Economic Census,
    Industry Series, Industry Statistics by Employment Size, NAICS code
    334220 (released May 26, 2005);
    [http://factfinder.census.gov](http://factfinder.census.gov/). The
    number of "establishments" is a less helpful indicator of small
    business prevalence in this context than would be the number of
    "firms" or "companies," because the latter take into account the
    concept of common ownership or control. Any single physical location
    for an entity is an establishment, even though that location may be
    owned by a different establishment. Thus, the numbers given may
    reflect inflated numbers of businesses in this category, including
    the numbers of small businesses. In this category, the Census
    breaks-out data for firms or companies only to give the total number
    of such entities for 2002, which was 929.

[^238]: *Id*. An additional 18 establishments had employment of 1,000 or
    more.

[^239]:  13 C.F.R. § 121.201 , NAICS codes 517410 and 517910.

[^240]:  U.S. Census Bureau, 2002 NAICS Definitions, "517410 Satellite
    Telecommunications"; [http://www.census.gov/
    epcd/naics02/def/NDEF517.HTM](http://www.census.gov/epcd/naics02/def/NDEF517.HTM).

[^241]: U.S. Census Bureau, 2002 Economic Census, Subject Series:
    Information, "Establishment and Firm Size (Including Legal Form of
    Organization)," Table 4, NAICS code 517410 (issued Nov. 2005).

[^242]:  *Id*. An additional 38 firms had annual receipts of \$25
    million or more.

[^243]: U.S. Census Bureau, 2002 NAICS Definitions, "517910 Other
    Telecommunications"; [http://www.census.[gov]{.underline}/
    epcd/naics02/def/NDEF517.HTM](http://www.census.gov/epcd/naics02/def/NDEF517.HTM).

[^244]:  U.S. Census Bureau, 2002 Economic Census, Subject Series:
    Information, "Establishment and Firm Size (Including Legal Form of
    Organization)," Table 4, NAICS code 517910 (issued Nov. 2005).

[^245]: *Id*. An additional 14 firms had annual receipts of \$25 million
    or more.

[^246]: *See* paras. 38-39, *supra*.

[^247]: *See* para. 32, *supra*.

[^248]: *See* 47 C.F.R. §§ 2.106, n.US308, 87.187(q).

[^249]: *See, e.g*., Flexibility for Delivery of Communications by
    Mobile Satellite Service Providers in the 2 GHz Band, the L-Band,
    and the 1.6/2.4 GHz Bands, *Report and Order and Notice of Proposed
    Rule Making*, IB Docket No. 01-185, 18 FCC Rcd 1962, 2215 ¶ 5 \[of
    Appendix E: Initial Regulatory Flexibility Analysis\] (2003)
    (observing that "\[s\]mall businesses may not have the financial
    ability to become MSS system operators because of the high
    implementation costs associated with satellite systems and services"
    and therefore concluding that "because of the high implementation
    costs and the limited spectrum resources, we do not believe that
    small entities will be impacted by this \[MSS-related\] rulemaking
    to a great extent.").

[^250]: *See* para. 36, *supra*.

[^251]: *Id*.

[^252]: 5 U.S.C. § 603(c)(1)-(4).

[^253]: *Id.*

[^254]: *Id.*