Before the

**Federal Communications Commission**

**Washington, D.C. 20554**

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| In the Matter of                 | * | WT Docket No. 00-77          |
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| Amendment of Parts 2 and 87 of   | ) | RM Nos. 9376, 9462           |
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| Accommodate Advanced Digital     | * |                              |
| Communications in the            |   |                              |
| 117.975-137 MHz Band and to      | * |                              |
| Implement Flight Information     | * |                              |
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+----------------------------------+---+------------------------------+

**REPORT AND ORDER**

**(Proceeding Terminated)**

**Adopted:** April 5, 2001 **Released:** April 13, 2001

By the Commission:

# introduction and executive summary

1.  In this *Report and Order* we adopt, substantially without change,
    the proposals set forth in the Commission's *Notice of Proposed
    Rulemaking* (*NPRM*) in WT Docket No. 00-77.[^1] We amend Parts 2
    and 87 of the Commission's Rules to (1) permit the Federal Aviation
    Administration (FAA) to use five additional channels in the
    136-136.475 MHz frequency band; (2) authorize the implementation of
    Flight Information Services (FIS) in the 136-137 MHz band; (3)
    accommodate digital communications systems throughout the
    117.975-137 MHz aeronautical radio spectrum; and (4) clarify that
    five channels previously reserved for special purpose aeronautical
    enroute operations in the Gulf of Mexico Region -- 136.775 MHz,
    136.800 MHz, 136.825 MHz, 136.850 MHz and 136.875 MHz -- are no
    longer so reserved, and thus may be licensed for general purpose
    aeronautical enroute operations without geographical limitation. The
    rules we adopt herein depart from the *NPRM* proposals by retaining
    the frequency 136.500 MHz as part of the aeronautical enroute
    service and by adding the frequency 136.825 MHz to the four
    frequencies the Commission proposed to make available for general
    purpose aeronautical enroute services both within and outside the
    Gulf of Mexico Region. These rule amendments will enhance the safety
    of aviation by alleviating spectrum congestion in the aeronautical
    radio frequency bands and by paving the way for the introduction of
    FIS and other new digital communications services.

# background

2.  On July 5, 1990, the Commission amended Parts 2 and 87 of the rules
    to permit the operation of aviation stations in the 136-137 MHz
    band.[^2] Forty channels with 25 kHz spacing were made available for
    assignment.

3.  The upper twenty of the forty channels were allotted for
    aeronautical enroute services.[^3] Six of those twenty channels were
    designated for special purpose enroute services in the Gulf of
    Mexico Region, an area stretching 180 miles inland from the Gulf
    shoreline, to be used for helicopter flight following systems.[^4]
    The Commission specified, however, that the reservation of the six
    channels for helicopter flight following systems in the Gulf of
    Mexico Region would expire on January 1, 1994.[^5] The twenty
    channels in the 136.5-137 MHz portion of the 136-137 MHz band
    generally are coordinated by Aeronautical Radio, Inc. (ARINC)[^6]
    for Aircraft Operational Control (AOC) communications, and this
    portion of the band is commonly referred to as the AOC band.

4.  Of the twenty lower channels, fifteen channels were allotted for air
    traffic control (ATC) of general aviation, including automatic
    weather observation services (AWOS),[^7] automatic terminal
    information services (ATIS),[^8] and airport control tower
    communications (ACTC).[^9] These fifteen channels were made
    available on a shared basis to the FAA.[^10] The 136-136.475 MHz
    portion of the 136-137 MHz band, which is immediately adjacent to
    the VHF aeronautical mobile (R) radio band at 117.975-136 MHz, is
    commonly referred to as the ATC band. The remaining five channels in
    the 136-137 MHz band were held in reserve for future general
    aviation services.[^11]

5.  The instant proceeding has its genesis in two petitions for
    rulemaking. On September 14, 1998, the Small Aircraft Manufacturers
    Association (SAMA) filed a petition for rulemaking proposing a
    revision of the aviation rules to permit the use of digital data
    transmissions generally, and also to designate four channels, to be
    identified by the FAA, for the implementation of new Flight
    Information Services[^12] in the 136-137 MHz band.[^13] On November
    19, 1998, the FAA filed a petition for rulemaking addressing use of
    the 136-137 MHz frequency band.[^14] The FAA expressed its support
    for the SAMA Petition, and also requested reallocation of the
    136-137 MHz band from a non-Government allocation to a shared
    Government/non-Government allocation. On August 3, 1999, the FAA
    filed comments revising its Petition for Rulemaking to reflect
    agreements reached between the FAA and the air transport industry,
    which had opposed the original FAA Petition, regarding
    implementation of FIS.[^15] In the Revised Petition, the FAA
    proposed four frequencies for FIS.[^16] The FAA also proposed
    associated changes to technical rules regarding, for example,
    emissions and frequency stability.[^17] In addition, however, the
    FAA continued to press for a shared allocation, but now it sought a
    reallocation only of the 136-136.475 MHz portion of the 136-137 MHz
    band.[^18]

6.  In response to the SAMA and FAA Petitions, and the comments thereon,
    the Commission issued the *NPRM* on May 15, 2000. The *NPRM*
    proposed to: (1) reject the FAA's request for a shared allocation of
    the 136-136.475 MHz band, but to modify footnote US244 in the Table
    of Frequency Allocations, 47 C.F.R. § 2.106, to permit the FAA to
    use five additional channels in the 136-136.475 MHz band
    specifically, the five reserved channels on a shared basis for ATC
    purposes, including FIS; (2) revise specified technical rules (47
    C.F.R. §§ 87.131 (power and emissions), 87.133 (frequency
    stability), 87.137 (types of emission), and 87.139 (emission
    limitations)) to accommodate advanced digital communications systems
    throughout the 117.975-137 MHz band; and (3) modify the rules
    pertaining to special purpose enroute services in the Gulf of Mexico
    Region to clarify that four of the six channels that had been
    designated for that purpose, all four of which remain unlicensed,
    are now available for general purpose aeronautical enroute
    services.[^19] The only comments filed in response to the *NPRM*
    were filed jointly by ARINC and the Air Transport Association of
    America, Inc. (ATA).[^20] In the only other filing responsive to the
    *NPRM*, the FAA submitted a letter informing the Commission that it
    "has no objections to the referenced rulemaking."[^21]

# discussion

## Allocation and Assignment of the Frequencies in the 136-137 MHz Band

7.  *Background*. With respect to the FAA's reallocation proposal, the
    Commission tentatively concluded that "a Federal Government
    allocation within the 136-137 MHz band is unnecessary to achieve the
    goals of both the FAA and industry."[^22] Instead, the Commission
    proposed to amend footnote US244 of 47 C.F.R. § 2.106 to extend the
    FAA's shared access from fifteen channels to twenty channels in the
    band. The channels proposed to be added are those that have been
    held in reserve to date, namely, 136.100 MHz, 136.200 MHz, 136.275
    MHz, 136.375 MHz, and 136.475 MHz.[^23]

8.  *Discussion*. In their comments, ARINC/ATA reiterate support for the
    approach proposed in the *NPRM* for the allocation and assignment of
    frequencies in the 136-137 MHz band. While agreeing that the FAA
    should be given access to the five additional frequencies in
    conjunction with the authorization of FIS in the 136-137 MHz band,
    ARINC/ATA contend that "\[n\]othing has happened \[since the band
    was designated non-Government after the 1979 World Administrative
    Radio Conference\] that would justify changing" the existing,
    exclusive allocation of the band for non-Government use.[^24]

9.  We adopt the proposal to maintain the existing allocation of the
    136-137 MHz band and to give the FAA access to the five channels
    that have been held in reserve. We believe that it is unnecessary to
    reallocate the band for shared use by the Federal Government,
    especially since the FAA will have access to five additional
    frequencies in the ATC band. Maintaining the existing allocation
    will protect ARINC's current use of the 136-137 MHz frequencies for
    aircraft operational control communications without having a
    negative impact on the FAA's existing rights to use the lower
    channels on a shared basis for air traffic control purposes. In
    addition, the existing allocation of the band remains consistent
    with the Final Acts of the 1979 and 1987 WARCs. We note that the
    FAA, in indicating that has no objections to the *NPRM* proposals,
    has effectively abandoned its earlier requests for a reallocation of
    the band in this proceeding.

10. We also believe that the public interest will be served by extending
    the FAA's existing shared access to 136-137 MHz spectrum to include
    the specified additional five frequencies in the ATC band. Providing
    the FAA with access to these five frequencies, as proposed in the
    *NPRM*, is supported by ARINC/ATA and other aviation industry
    organizations.[^25] This action will permit the deployment of FIS to
    go forward as contemplated by the FAA and the civil aviation
    industry, without impairing existing analog aviation communications.
    We amend footnote US244 to the Section 2.106 Table of Frequency
    Allocations accordingly.[^26]

11. One additional matter regarding the assignment and use of the
    136-137 MHz band channels needs to be addressed. ARINC/ATA note that
    the proposed amendment to the Section 87.173(b) frequency table, as
    reflected in Appendix B to the *NPRM*, reclassifies the frequency
    136.500 MHz, one of the four frequencies proposed to be used for
    FIS. Currently, the Section 87.173(b) frequency table indicates that
    the frequency 136.500 MHz is governed by Subpart I of the Part 87
    Rules, Aeronautical Enroute and Aeronautical Fixed Stations, and is
    available for Aircraft (Air Carrier and Private) and Aeronautical
    Enroute stations.[^27] In the proposed amendment, the frequency
    136.500 MHz is listed as governed by Subparts O and S of Part 87,
    governing Airport Control Tower Stations and Automatic Weather
    Observation Stations, respectively.[^28] Thus, this proposed change
    in the Section 87.173(b) frequency table would shift the frequency
    136.500 MHz from the AOC band to the ATC band. ARINC/ATA oppose this
    change, stating that it is important that the frequency 136.500 MHz
    remain in the aeronautical enroute service.[^29] We do not believe
    that it was the Commission's intention to reclassify the frequency
    136.500 MHz in this proceeding, but only to authorize its use for
    FIS. Accordingly, we will retain the existing classification of the
    frequency in the Section 87.173(b) frequency table.

## Digital Communications in the 117.975-137 MHz Band

12. *Background*. The Commission also proposed to make the requisite
    changes to the technical rules to facilitate the transition from
    analog to digital aviation communications systems. It specifically
    proposed to amend Sections 87.131[^30] (power and emissions),
    87.133[^31] (frequency stability), 87.137[^32] (types of emission),
    and 87.139[^33] (emission limitations) to add the emissions classes
    for phase modulation digital data transmission (G1D and G7D) as
    permissible throughout the entire 117.975-137 MHz band.[^34] The FAA
    appeared to propose that the Commission limit communications within
    the 136-136.475 MHz band to VHF digital link (VDL) Mode 3 data
    transmissions, and also sought to limit use of the 136-137 MHz band
    in its entirety to digital-only systems using International Civil
    Aviation Organization (ICAO) standards (or systems compatible with
    those standards).[^35] On the other hand, ARINC and the ATA asserted
    that VDL Mode 2 data transmissions, as well as VDL Mode 3 data
    transmissions, should be permitted in the 136-136.475 MHz band, and
    that no digital-only restriction should be placed on the AOC
    channels from 136.5-137 MHz.[^36] The *NPRM* proposed to allow the
    use of both VDL Mode 2 and VDL Mode 3 in the 117.975-137 MHz band
    without limitation.[^37] This approach, the Commission tentatively
    concluded, "would permit compatibility, flexibility, and efficiency
    while the aviation community transitions to the future digital
    air/ground communications system."[^38]

13. *Discussion.* ARINC/ATA, in their comments to the *NPRM*, express
    their continued support for this approach. They note that ARINC and
    the air transport industry have already invested tens of millions of
    dollars in the development of a new higher capacity VDL Mode 2
    infrastructure which ARINC hopes to begin deploying in 2001. They
    further note that both VDL Mode 2 and VDL Mode 3 have received
    international approval in the Standards and Recommended Practices
    (SARPs) of the ICAO.[^39]

14. We agree that we should accommodate digital communications in the
    117.975-137 MHz band and allow the use of both VDL Mode 2 and VDL
    Mode 3 throughout the band without limitation. Authorizing G1D and
    G7D emissions, in conjunction with the other rule changes adopted
    herein, will help to alleviate congestion in the VHF aeronautical
    spectrum and will permit the introduction of FIS and other advanced
    services that will enhance the safety of flight.[^40] We also
    believe that placing no restrictions on the types of digital
    technologies that may operate in the 136-137 MHz band or, for that
    matter, the entire 117.975-137 MHz band will promote flexibility and
    efficiency during the transition to digital aviation communications
    systems. It will allow the FAA to move ahead with its plans to
    deploy a VDL Mode 3 system in the near future, while at the same
    time addressing aviation industry concerns that the significant
    investment in VDL Mode 2 technology not be stranded.

## Flight Information Services

15. *Background*. In the *NPRM*, the Commission proposed to authorize
    FIS in the 136-137 MHz band, as urged by SAMA and the FAA in their
    Petitions for Rulemaking, and supported generally by the
    industry.[^41] It noted SAMA's contention that the 136-137 MHz band
    is singularly suitable for FIS because the band currently is not
    used extensively due to the fact that very few general aviation
    aircraft have voice radios that can tune to this band.[^42] SAMA
    further explained that aircraft wishing to receive FIS broadcasts
    could purchase an FIS receiver that tunes to those frequencies only,
    and that avionics manufacturers have already introduced low-cost
    radio receivers suitable for FIS broadcasts in the 136-137 MHz
    band.[^43]

16. However, the Commission also tentatively concluded that, contrary to
    SAMA's suggestion, designating four specific channels for FIS in
    footnote US244 was not necessary and might curtail flexibility.
    Nonetheless, the four channels favored by the FAA for FIS 136.425
    MHz, 136.450 MHz, 136.475 MHz, and 136.500 MHz were designated as
    such in proposed new Section 87.187(dd),[^44] along with a
    prohibition on their use for transmissions *from* aircraft.[^45] The
    Commission also requested comment on whether the new service should
    be termed "Flight Information Service (FIS)," as used in both the
    FAA and SAMA Petitions, or "Flight Information Service-Broadcast
    (FIS-B)," as used by ARINC in its comments. The Commission
    questioned whether FIS-B and FIS are synonymous or whether the
    different terms reflect actual differences in the nature of the
    service; the *NPRM* noted, in this regard, that FIS-B appears to
    permit users to customize their data displays whereas FIS
    contemplates a uniform display.[^46]

17. *Discussion.* ARINC/ATA support the proposals for authorizing FIS in
    the 136-137 MHz band. They also agree specifically with the proposal
    to limit the FIS frequencies to ground-to-air use only, stating that
    this limitation "is important from a spectrum management
    standpoint."[^47] On the question of terminology, ARINC/ATA explain
    that they prefer FIS-B over FIS because the former better conveys
    the one-way, broadcast nature of the service and that it is not
    limited to the specific weather advisory described in the
    *NPRM*.[^48]

18. We conclude that FIS should be authorized in the 136-137 MHz band as
    proposed. The desire to accommodate FIS in the 136-137 MHz band was
    a primary impetus for this rulemaking proceeding, and all parties
    agree that deployment of FIS will serve the public interest. This
    action paves the way for the implementation of a new digital data
    service that will enhance flight safety in the frequency band
    identified by both the FAA and the industry as most suitable for
    that service. We designate as FIS frequencies the four frequencies
    identified by the FAA and ARINC/ATA in their pleadings, and we will
    list them as such in Section 87.187(dd) of the Rules,[^49] along
    with a prohibition on their use for transmissions from aircraft.
    Prohibiting aircraft transmission will ensure that FIS is used for
    its intended purpose, will promote spectrum efficiency, and will
    minimize the time for needed for aircraft reception of an entire FIS
    data transmission. These actions, moreover, reflect an FAA/industry
    consensus on how best to implement FIS. We will refer to the new
    service in our Rules as "Flight Information Service-Broadcast
    (FIS-B)" because this terminology better connotes the one-way,
    broadcast nature of the service.

## Aeronautical Enroute Frequencies in the Gulf of Mexico Region

19. *Background*. The Commission proposed in the *NPRM* to modify
    Section 87.263(a) of the Rules[^50] to clarify that four
    channels,136.775 MHz, 136.800 MHz, 136.850 MHz, and 136.875 MHz,
    that had been reserved "until January 1, 1994"[^51] for special
    purpose aeronautical enroute services in the Gulf of Mexico Region
    to accommodate helicopter flight following systems, but were never
    licensed pursuant to that provision, are now available for general
    purpose aeronautical enroute services domestically without
    geographic limitation.[^52] It proposed to retain the special
    purpose classification of the remaining two channels that had been
    reserved for helicopter flight following operations in the Gulf of
    Mexico Region, 136.750 MHz and 136.825 MHz, because those two
    channels have been licensed to Chevron USA, Inc. and Offshore
    Logistics, Inc., respectively.[^53]

20. *Discussion.* ARINC/ATA generally applaud the tentative decision to
    clarify the status of the aeronautical enroute channels that had
    been reserved for helicopter flight following systems in the Gulf of
    Mexico Region, but they argue that only one channel, not the two
    channels specified in the *NPRM*, should continue to be designated
    for helicopter flight following service in the Gulf of Mexico
    Region.[^54] ARINC/ATA agree that the special purpose status of
    frequency 136.750 MHz, which was licensed to Chevron Industries,
    Inc. at a number of sites in the Gulf of Mexico Region prior to
    1994, should be retained. ARINC/ATA fault our proposal to similarly
    protect the frequency 136.825 MHz, which is licensed to Offshore
    Logistics, Inc. at Houma, Louisiana, however, because it was first
    licensed on June 12, 1997, well after the January 1, 1994 date
    established by the Commission for terminating the special purpose
    allotment of the channels. While ARINC/ATA concede that the Offshore
    Logistics operation should not be subject to interference by
    subsequent assignments on the channel, they believe that "the range
    of protection that would be afforded by the Commission's proposal is
    much greater than is required to protect helicopter operations out
    of Houma."[^55] ARINC pledges to protect Offshore Logistics's Houma
    operations through the exercise of sound frequency management, but
    ARINC/ATA maintain that the additional protection to be accorded to
    these operations under the proposal in the *NPRM* is both
    unnecessary and contrary to the Commission's position when it
    reserved the channels.[^56]

21. We agree with ARINC/ATA that the public interest will be served by
    clarifying that the reservation of these six channels for special
    purpose aeronautical enroute services in the Gulf of Mexico Region
    has expired, and by making five of the channels, all but 136.750
    MHz, available for general purpose aeronautical enroute service both
    inside and outside the Gulf of Mexico Region. Existing Section
    87.263(a)(5) and both the 1990 *Report and Order* and the 1991
    *Reconsideration Order* in Gen. Docket No. 89-295 state
    unequivocally that the reservation of these channels for helicopter
    flight following systems in the Gulf of Mexico Region is to expire
    on January 1, 1994.[^57] Since Offshore Logistics acquired its
    license for 136.825 MHz at Houma in 1997, it cannot claim any
    reasonable reliance interest in the continuation of the channel's
    special status; in fact, the frequency had lost that status even
    prior to the licensing of Offshore Logistics. We note that Offshore
    Logistics' existing Houma helicopter flight following operations
    will be protected from interference from subsequent assignments on
    the channel.[^58] We note as well that ARINC/ATA concede that the
    frequency 136.750 MHz should remain designated for special purpose
    enroute services in the Gulf because it was licensed to Chevron
    Industries at various locations prior to 1994.

## Other Matters

22. In addition, we note that the proposed amendment of Section
    87.263(a) set forth in Appendix B of the *NPRM*[^59] omitted the
    current second sentence. No party has suggested removing this
    sentence, and we believe this omission to have been unintentional.
    Accordingly, the rule, as amended herein, will retain this sentence.

23. Finally, we will modify slightly the language of the proposed
    amendment of Section 87.263(a)(1) in the interest of clarity. After
    incorporating in the language of the proposed rule the decision to
    remove the frequency 136.825 MHz from the reservation of frequencies
    for special purpose enroute service in the Gulf of Mexico
    Region,[^60] the first sentence of the proposed rule would read:
    "Frequencies in the 128.8125-132.125 MHz and 136.4875-137.00 MHz
    bands are available to serve domestic routes, except that the
    frequency 136.750 MHz is also available to aeronautical enroute
    stations located at least 288 kilometers (180 miles) from the Gulf
    of Mexico shoreline (outside the Gulf of Mexico region)." The use of
    the word *also* makes sense in the existing version of the rule
    because the frequencies in the upper half of the 136-137 MHz band
    that are available for general purpose aeronautical enroute services
    are listed individually. That is, the frequencies available without
    limitation are listed one by one, and the rule then states that the
    six reserved frequencies, not previously mentioned, are *also*
    available, albeit only outside the Gulf of Mexico Region. In the
    proposed amendment of Section 87.263(a), however, the generally
    available frequencies are not listed individually, but in two
    ranges. It is therefore more appropriate to phrase the first
    sentence of Section 87.263(a)(1), as amended herein, to read:
    "Frequencies in the 128.8125-132.125 MHz and 136.4875-137.00 MHz
    bands are available to serve domestic routes, except that the
    frequency 136.750 MHz is available *only* to aeronautical enroute
    stations located at least 288 kilometers (180 miles) from the Gulf
    of Mexico shoreline (outside the Gulf of Mexico Region)." (Emphasis
    added.) As before, the use of the frequency 136.750 MHz within the
    Gulf of Mexico Region is governed by Section 87.263(a)(5) of the
    Rules.

# conclusion

24. In this *Report and Order*, we amend Parts 2 and 87 of our Rules to
    provide additional spectrum resources for the FAA and the aviation
    industry, to permit the introduction of advanced digital
    communications systems in the 117.975-137 MHz aeronautical radio
    spectrum generally, and to permit, in particular, the introduction
    of new Flight Information Services-Broadcast in the 136-137 MHz
    frequency band. The FAA has been given access to five additional
    frequencies in the 136-137 MHz band, and additional spectrum has
    also been made available for general purpose aeronautical enroute
    service through the clarification of the status of the channels
    formerly reserved for helicopter flight following systems in the
    Gulf of Mexico Region. Further, by accommodating the deployment of
    FIS-B and other advanced aviation communications systems, this
    action will bring benefits of efficiency and, more importantly,
    safety to carriers and passengers traveling in United States
    airspace.

# administrative matters

## Final Regulatory Flexibility Analysis

25. As required by the Regulatory Flexibility Act, see 5 U.S.C. § 604,
    the Commission has prepared a Final Regulatory Flexibility Analysis
    of the possible impact of the rule changes contained in this *Report
    and Order* on small entities. The Final Regulatory Flexibility Act
    analysis is set forth in Appendix A. The Commission's Consumer
    Information Bureau, Reference Information Center, will send a copy
    of this *Report and Order*, including the Final Regulatory
    Flexibility Analysis, to the Chief Counsel for Advocacy of the Small
    Business Administration.

## Paperwork Reduction Act

26. This *Report and Order* does not contain any new or modified
    information collection. Therefore, it is not subject to the
    requirements for a paperwork reduction analysis, and the Commission
    has not performed one.

## Ordering Clauses

27. Authority for issuance of this *Report and Order* is contained in
    Sections 1, 4(i), 302, 303(f) and (r), 332, and 337 of the
    Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i),
    302, 303(f) and (r), 337.

28. Accordingly, IT IS ORDERED pursuant to Sections 1, 4(i), 302, 303(f)
    and (r), 332, and 337 of the Communications Act of 1934, as amended,
    47 U.S.C. §§ 151, 154(i), 302, 303(f) and (r), 337, that Parts 2 and
    87 of the Commission's Rules, 47 C.F.R. Parts 2 and 87, ARE AMENDED
    as set forth in Appendix B, effective thirty days after publication
    of this *Report and Order* in the Federal Register.

29. IT IS FURTHER ORDERED that the Commission's Consumer Information
    Bureau, Reference Information Center, SHALL SEND a copy of this
    *Report and Order*, including the Final Regulatory Flexibility
    Analysis, to the Chief Counsel for Advocacy of the Small Business
    Administration.

30. IT IS FURTHER ORDERED that this proceeding is TERMINATED.

## Contacts for Information

31. For further information, contact Jeffrey Tobias, Wireless
    Telecommunications Bureau, Public Safety and Private Wireless
    Division, at (202) 418-1617, TTY (202) 418-7233.

32. Alternative formats (computer diskette, large print, audio cassette,
    and Braille) are available to persons with disabilities by
    contacting Martha Contee at (202) 418-0260, TTY (202) 418-2555, or
    via e-mail to <mcontee@fcc.gov>. This *Report and Order* can be
    downloaded at
    <http://www.fcc.gov/Wireless/Orders/2001/fcc01122.txt>.

> FEDERAL COMMUNICATIONS COMMISSION
>
> Magalie Roman Salas
>
> Secretary

**APPENDIX A**

**[Final Regulatory Flexibility Analysis]{.smallcaps}**

As required by the Regulatory Flexibility Act (RFA),[^61] an Initial
Regulatory Flexibility Analysis (IRFA) was incorporated in the *Notice
of Proposed Rulemaking* in WT Docket No. 00-77 (*NPRM*).[^62] The
Commission sought written public comments on the proposals in the
*NPRM*, including on the IRFA. The Commission's Final Regulatory
Flexibility Analysis (FRFA) in this *Report and Order* in WT Docket
00-77 (*Report and Order*) conforms to the RFA.[^63]

**I. Need for, and Objectives of, the *Report and Order***

1\. Our objective in this proceeding is to address increasing spectrum
congestion within the 117.975-136 MHz band stemming from increasing air
traffic control communications requirements that cause frequency
assignments in this band to grow about four percent annually. To
alleviate this congestion in spectrum used for aviation communications
vital to the safety of flight, while providing the Federal Aviation
Administration (FAA) with the latitude it needs to meet its statutory
role in administering the civil aviation communications spectrum, there
needs to be a transition to new digital communications technology. The
*Report and Order*, and the rules adopted therein, accommodate this need
by revising technical requirements so as to permit the introduction of
new digital aviation communication systems in the 117.975-136 MHz band
generally, and the introduction specifically of a new digital data
service known as Flight Information Service-Broadcast (FIS-B) on four
channels in the 136-137 MHz portion of the band. The adopted rules
further alleviate problems of spectrum scarcity in the 136-137 MHz band
by giving the FAA shared access to five additional frequencies between
136.000 MHz and 136.475 MHz and by clarifying the availability for
general purpose aeronautical enroute service communications of five
frequencies between 136.750 MHz and 136.875 MHz, inclusive.

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

2\. No comments were filed in direct response to the IRFA.

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

3\. Under the RFA, small entities may include small organizations, small
businesses, and small governmental jurisdictions, or entities. 5 U.S.C.
§ 601(6). 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. The RFA generally defines
the term \"small entity\" as having the same meaning as the terms "small
business," "small organization," and "small governmental jurisdiction."
5 U.S.C. § 601(3). In addition, the term "small business" has the same
meaning as the term "small business concern" under the Small Business
Act. 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.[^64] 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."

4\. A small organization is generally "any not-for-profit enterprise
which is independently owned and operated and is not dominant in its
field."[^65] Nationwide, as of 1992, there were approximately 275,801
small organizations.[^66] The definition of "small governmental
jurisdiction" is one with populations of fewer than 50,000.[^67] There
are 85,006 governmental jurisdictions in the nation.[^68] This number
includes such entities as states, counties, cities, utility districts
and school districts. There are no figures available on what portion of
this number has populations of fewer than 50,000. However, this number
includes 38,978 counties, cities and towns, and of those, 37,556, or 96
percent, have populations of fewer than 50,000.[^69] The Census Bureau
estimates that this ratio is approximately accurate for all government
entities. Thus, of the 85,006 governmental entities, we estimate that 96
percent, or about 81,600, are small entities that may be affected by our
rules. Nationwide, there are 4.44 million small business firms,
according to SBA reporting data.[^70]

5\. The rules adopted in this *Report and Order* will affect small
businesses that use, manufacture, design, import, or sell transceivers
or other radio equipment intended to operate in the frequency band
117.975-137 MHz for the provision of aviation communications. There are
no Commission-imposed requirements, however, for any entity to use these
products. The adopted rules will benefit small entities that use such
equipment, moreover, because they will enhance the safety and efficiency
of aircraft navigation. At this time, the Commission does not have
access to data that would permit a meaningful estimate of the number of
small entities potentially affected by the adopted rules. Therefore, we
will use the SBA definition of manufacturers of Radio and Television
Broadcasting and Communications Equipment. According to the SBA\'s
regulations, manufacturers of transceivers and radio equipment must have
750 or fewer employees in order to qualify as a small business
concern.[^71] Census Bureau data indicates that there are 858 U.S. firms
that manufacture radio and television broadcasting and communications
equipment, and that 778 of these firms have fewer than 750 employees and
would be classified as small entities.[^72] The Census Bureau category
is very broad, and specific figures are not available as to how many of
these firms are exclusive manufacturers of transceivers and radio
equipment or how many are independently owned and operated.

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

6\. No new reporting, recordkeeping, or other compliance requirements
would be imposed on applicants or licensees as a result of the actions
taken in this rulemaking proceeding.

V. Steps Taken to Minimize Significant Economic Impact on Small
Entities, and Significant Alternatives Considered

7\. 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.[^73] The
rules adopted in the *Report and Order* do not impose any new reporting
or compliance requirements, but only permit additional uses of existing
Aviation Radio Service frequencies and the establishment of a new
service. The rules adopted will accommodate the deployment of new
digital transceivers designed to operate in the VHF aeronautical
frequency bands, but the Commission has not specified design standards
for such equipment; the *Report and Order* affects only the technical,
performance standards for the use of the frequencies at issue. These
rules reflect, moreover, a consensus among the FAA and the civil
aviation industry regarding the best means of implementing FIS-B and
other advanced digital aviation communications services. No parties
commenting on the *NPRM* recommended any significant alternatives to the
rules adopted.

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

8\. None.

**Report to Congress:** The Commission will send a copy of this Report
and Order, including this FRFA, in a report to be sent to Congress
pursuant to the Small Business Regulatory Enforcement Fairness Act of
1996, *see* 5 U.S.C. § 801(a)(1)(A). In addition, the Commission will
end a copy of this *Report and Order*, including FRFA, to the Chief
Counsel for Advocacy of the Small Business Administration. A copy of the
*Report and Order* and FRFA (or summaries thereof) will also be
published in the Federal Register. *See* 5 U.S.C. § 604(b).

**APPENDIX B**

**[Final Rules]{.smallcaps}**

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

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 is amended by revising footnote US244 to read as
follows:

§ 2.106 Table of Frequency Allocations.

\* \* \* \* \*

US244 The band 136.000-137.000 MHz is allocated to the non-Federal
Government aeronautical mobile (R) service on a primary basis, and is
subject to pertinent international treaties and agreements. The
frequencies 136.000, 136.025, 136.050, 136.075, 136.100, 136.125,
136.150, 136.175, 136.200, 136.225, 136.250, 136.275, 136.300, 136.325,
136.350, 136.375, 136.400, 136.425, 136.450, and 136.475 MHz are
available on a shared basis to the Federal Aviation Administration for
air traffic control purposes, such as automatic weather observation
stations (AWOS), automatic terminal information services (ATIS), flight
information services-broadcast (FIS-B), and airport control tower
communications. Existing operational meteorological satellites in the
band 136-137 MHz may continue to operate on a not-to-interfere basis to
aeronautical mobile (R) stations, until January 1, 2002. No new
assignments will be made to stations in the meteorological-satellite
service.

\* \* \* \* \*

**Part 87 - AVIATION SERVICES**

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

AUTHORITY: 47 U.S.C. §§ 154, 303, and 307(e), unless otherwise noted.

4\. Section 87.131 is revised to read as follows:

**§ 87.131 Power and emissions.**

\* \* \*

+---------------------+-------------+-------------------+-------------+
| Class of station    | Frequency   | Authorized        | Maximum     |
|                     | band/       | emission(s)       | power^1^    |
|                     |             |                   |             |
|                     | frequency   |                   |             |
+---------------------+-------------+-------------------+-------------+
| \*\*\*              | \*\*\*      | \*\*\*            | \*\*\*      |
|                     |             |                   |             |
| Aeronautical        | VHF         | A3E               | 10 watts    |
| multicom            |             |                   |             |
+---------------------+-------------+-------------------+-------------+
| Aeronautical        | \*\*\*      | \*\*\*            | \*\*\*      |
| enroute and         |             |                   |             |
| aeronautical fixed. | VHF........ | A3E, A9W,         | 200         |
|                     | ........... | G1D..             | watts.^2^   |
|                     |             | .............\... |             |
+---------------------+-------------+-------------------+-------------+
| Aeronautical search | VHF         | A3E               | 10 watts    |
| and rescue          |             |                   |             |
|                     | \*\*\*      | \*\*\*            | \*\*\*      |
+---------------------+-------------+-------------------+-------------+
| \*\*\*              | \*\*\*      | \*\*\*            | \*\*\*      |
+---------------------+-------------+-------------------+-------------+
| Aviation support    | VHF         | A3E               | 50 watts    |
+---------------------+-------------+-------------------+-------------+
| Airport control     | VHF........ | A3E, G1D,         | 50 watts.   |
| to                  | ........... | G7D.              |             |
| wer................ |             | ................. |             |
+---------------------+-------------+-------------------+-------------+
| Aeronautical        | VHF         | A3E               | 10 watts    |
| utility mobile      |             |                   |             |
+---------------------+-------------+-------------------+-------------+
| \* \* \*            | \* \* \*    | \* \* \*          | \* \* \*    |
+---------------------+-------------+-------------------+-------------+
|                     | A           |                   |             |
|                     | eronautical |                   |             |
|                     | Frequencies |                   |             |
+---------------------+-------------+-------------------+-------------+
| Aircraft            | \* \* \*    | \* \* \*          | \* \* \*    |
| (Commu              |             |                   |             |
| nication).......... |             |                   |             |
+---------------------+-------------+-------------------+-------------+
| \* \* \*            | VHF........ | A3E, A9W, G1D,    | 55 watts.   |
|                     | ........... | G7D..........     |             |
+---------------------+-------------+-------------------+-------------+
| \* \* \*            | \* \* \*    | \* \* \*          | \* \* \*    |
+---------------------+-------------+-------------------+-------------+

\* \* \*

5\. Section 87.133 is amended by revising the table in paragraph (a) to
read as follows:

**§ 87.133 Frequency stability.**

\(a\) \* \* \*

+--------------------------------+-------------+-----------------------+
| Frequency band (lower limit    | T           | Tolerance^2^          |
| exclusive, upper limit         | olerance^1^ |                       |
| inclusive), and categories of  |             |                       |
| stations                       |             |                       |
+--------------------------------+-------------+-----------------------+
| \(4\) Band----29.7 to 100 MHz  | \*\*\*      | \*\*\*                |
|                                |             |                       |
| \*\*\*                         |             |                       |
+--------------------------------+-------------+-----------------------+
| \(5\) Band---108 to 137 MHz:   | \* \* \*    | \* \* \*              |
|                                |             |                       |
|                                | \* \* \*    | \* \* \*              |
+--------------------------------+-------------+-----------------------+
| Aeronautical                   | ^4^50       | 20^12^                |
| stations.....                  |             |                       |
| .............................. |             |                       |
+--------------------------------+-------------+-----------------------+
| \* \* \*                       | \* \* \*    | \* \* \*              |
+--------------------------------+-------------+-----------------------+
| Aircraft and other mobile      | 50^5^       | 30^13^                |
| stations in the Aviation       |             |                       |
|                                | \* \* \*    | \* \* \*              |
| Services.                      |             |                       |
|                                |             |                       |
| \* \* \*                       |             |                       |
+--------------------------------+-------------+-----------------------+
| \(6\) Band----137 to 470 MHz   | \*\*\*      | \*\*\*                |
|                                |             |                       |
| \*\*\*                         |             |                       |
+--------------------------------+-------------+-----------------------+

\* \* \*

^12^ For emissions G1D and G7D, the tolerance is 2 parts per 10^6^.

^13^ For emissions G1D and G7D, the tolerance is 5 parts per 10^6^.

\* \* \* \* \*

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

**§ 87.137 Types of emission.**

\(a\) \* \* \*

+-------------+-------------+-------------+-------------+-------------+
| Class of    | Emission    | Authorized  |             |             |
| emission    | designator  | bandwidth   |             |             |
|             |             | (kilohertz) |             |             |
+-------------+-------------+-------------+-------------+-------------+
|             |             | Below 50    | Above 50    | Frequency   |
|             |             | MHz         | MHz         | deviation   |
+-------------+-------------+-------------+-------------+-------------+
| \*\*\*      | 16K0G1D     |             | 20kHz       |             |
|             |             |             |             |             |
| GID         |             |             |             |             |
+-------------+-------------+-------------+-------------+-------------+
| G1D         | 14K0G1D     |             | 25          |             |
+-------------+-------------+-------------+-------------+-------------+
| G1E         | 21K0G1E     |             | 25          |             |
| ^16(17)^    |             |             |             |             |
+-------------+-------------+-------------+-------------+-------------+
| \*\*\*      | \*\*\*      |             |             |             |
+-------------+-------------+-------------+-------------+-------------+

7\. Section 87.139 is amended, by adding new paragraphs (k), (1), (2),
and (3) to read as follows:

**§ 87.139 Emission limitations.**

\* \* \* \* \*

j.  \(k\) For VHF aeronautical stations and aircraft stations operating
    with G1D or G7D emissions:

\(1\) The amount of power measured across either first adjacent 25 kHz
channel shall not exceed 0 dBm.

\(2\) The amount of power measured across either second adjacent channel
share less than -25 dBm and the power measured in any other adjacent 25
kHz channels shall monotonically decrease at a rate of at least 5 dB per
octave to a maximum value of -52 dBm.

\(3\) The amount of power measured over a 16 kHz channel bandwidth
centered on the first adjacent 25 kHz channel shall not exceed -20 dBm.

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

**§ 87.173 Frequencies.**

\* \* \* \* \*

\(b\) Frequency table:

+---------------------+-------+------------+--------------------------+
| Frequency or        | Su    | Class of   | Remarks                  |
| frequency band      | bpart | station    |                          |
+---------------------+-------+------------+--------------------------+
| \*\*\*              | \     | \*\*\*     | \*\*\*                   |
|                     | *\*\* |            |                          |
+---------------------+-------+------------+--------------------------+
| 132.025-135.975     | O     | MA, FAC,   | 25 kHz channel spacing   |
|                     |       | FAW        |                          |
| MHz                 |       |            |                          |
+---------------------+-------+------------+--------------------------+
| 136.000-136.400     | O, S  | MA, FAC,   | Air traffic control      |
| MHz.............    |       | FAW        | operations;              |
|                     |       |            |                          |
|                     |       |            | 25 kHz channel spacing.  |
+---------------------+-------+------------+--------------------------+
| 136.425             | O, S  | MA, FAC,   | Air traffic control      |
| MHz.......          |       | FAW        | operations.              |
| ................... |       |            |                          |
+---------------------+-------+------------+--------------------------+
| 136.450             | O, S  | MA, FAC,   | Air traffic control      |
| MHz...\....         |       | FAW        | operations.              |
| ................... |       |            |                          |
+---------------------+-------+------------+--------------------------+
| 136.475             | O, S  | MA, FAC,   | Air traffic control      |
| MHz\.......         |       | FAW        | operations.              |
| ................... |       |            |                          |
+---------------------+-------+------------+--------------------------+
| 136.500-136.875     | I     | MA, FAE    | Domestic VHF; 25 kHz     |
| MHz..............   |       |            | channel spacing.         |
+---------------------+-------+------------+--------------------------+
| 136.900             | I     | MA, FAE    | International and        |
| MHz...\....         |       |            | domestic VHF.            |
| ................... |       |            |                          |
+---------------------+-------+------------+--------------------------+
| 136.925             | I     | MA, FAE    | International and        |
| MHz\.......         |       |            | domestic VHF.            |
| ................... |       |            |                          |
+---------------------+-------+------------+--------------------------+
| 136.950             | I     | MA, FAE    | International and        |
| MHz\.......         |       |            | domestic VHF.            |
| ................... |       |            |                          |
+---------------------+-------+------------+--------------------------+
| 136.975             | I     | MA, FAE    | International and        |
| MHz\.......         |       |            | domestic VHF.            |
| ................... | \     | \*\*\*     |                          |
|                     | *\*\* |            | \*\*\*                   |
+---------------------+-------+------------+--------------------------+
| 143.750             | R     | MA, FAP    | Civil Air Patrol         |
|                     |       |            |                          |
| MHz                 |       |            |                          |
|                     |       |            |                          |
| \*\*\*              |       |            |                          |
+---------------------+-------+------------+--------------------------+

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

**§ 87.187 Frequencies.**

\* \* \* \* \*

(dd) The frequencies 136.425, 136.450, 136.475, and 136.500 MHz are
designated for flight information services-broadcast (FIS-B) and may not
be used by aircraft for transmission.

10\. Section 87.263 is amended by revising paragraphs (a)(1) and (a)(5)
to read as follows:

**§ 87.263 Frequencies.**

\(a\) *Domestic VHF service.* (1) Frequencies in the 128.8125-132.125
MHz and 136.4875-137.00 MHz bands are available to serve domestic
routes, except that the frequency 136.750 MHz is available only to
aeronautical enroute stations located at least 288 kilometers (180
miles) from the Gulf of Mexico shoreline (outside the Gulf of Mexico
region). The frequencies 136.900 MHz, 136.925 MHz, 136.950 MHz and
136.975 MHz are available to serve domestic and international routes.
Frequency assignments are based on 25 kHz spacing. Use of these
frequencies must be compatible with existing operations and must be in
accordance with pertinent international treaties and agreements.

\* \* \* \* \*

\(5\) The frequency 136.750 MHz is available in the Gulf of Mexico
Region to serve domestic routes over the Gulf of Mexico and adjacent
coastal areas. Assignment of this frequency in the Gulf of Mexico Region
shall be to licensees first licensed on this frequency in the Gulf of
Mexico Region prior to January 1, 1994, their successors and assigns,
and is not subject to the conditions in § 87.261(c) and paragraph (a)(2)
of this section. For the purpose of this paragraph, the Gulf of Mexico
Region is defined as an area bounded on the east, north, and west by a
line 288 km (180 miles) from the Gulf of Mexico shore line. Inland
stations must be located within forty-eight kilometers (30 miles) of the
Gulf of Mexico shore line.

\* \* \* \* \*

[^1]: 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, *Notice of Proposed Rule Making*, WT Docket No. 00-77, FCC
    00-160 (rel. May 15, 2000) (*NPRM*), amended by *Errata* (rel. June
    5, 2000). The *NPRM* was published in the Federal Register on July
    3, 2000. *See* 65 Fed. Reg. 41032-41034 (2000). Initially, the
    deadlines for filing comments and reply comments were July 14, 2000
    and August 14, 2000, respectively. On July 3, 2000, the period of
    time for the filing of comments was extended to August 2, 2000, and
    the period of time for the filing of reply comments was extended to
    September 1, 2000. 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, *Order*, WT Docket No. 00-77, 15 FCC Rcd 11702
    (WTB PSPWD 2000).

[^2]: Amendment of Parts 2 and 87 of Commission's Rules to Permit the
    Aviation Services to Use Frequencies in the 136-137 MHz Band,
    *Report and Order*, GEN. Docket No. 89-295, 5 FCC Rcd 3954 (1990)
    (*Report and Order)*, *reconsideration granted in part*, *Memorandum
    Opinion & Order*, 6 FCC Rcd 2291 (1991) (*Reconsideration Order*).
    This action was taken to conform the rules with the Final Acts of
    the 1979 World Administrative Radio Conference and the Final Acts of
    the 1987 World Administrative Radio Conference for the Mobile
    Services, and to address two petitions for rulemaking filed by
    Aeronautical Radio, Inc. (ARINC) and the American Petroleum
    Institute (API), respectively.

[^3]: Aeronautical enroute services provide operational control
    communications to aircraft along domestic or international air
    routes. Operational control communications pertain to the safe,
    efficient and economical operation of aircraft, offering information
    on matters such as fuel, weather position reports, aircraft
    performance, and essential services and supplies. 47 C.F.R. §
    87.261(a).

[^4]: In the *Report and Order*, the Commission initially reserved a
    complement of eight channels for special purpose enroute services in
    the Gulf of Mexico Region. *Report and Order*, 5 FCC Rcd at 3957 ¶
    27. On reconsideration, however, the Commission reduced the number
    of reserved channels to six. *Reconsideration Order*, 6 FCC Rcd at
    2292 ¶ 13; *see also* 47 C.F.R. § 87.263(a)(5).

[^5]: *Report and Order*, 5 FCC Rcd at 3957 ¶ 27; *see also* 47 C.F.R. §
    87.263(a)(5).

[^6]: ARINC is a communications company established to coordinate and
    provide aeronautical enroute telecommunication services and
    facilities to the aviation industry. ARINC provides air-to-ground
    and ground-to-air communications for the regularity and efficiency
    of flight and the safety of aircraft, *i.e.*, communications
    regarding fuel, weather, aircraft performance, position reports and
    other essential services. ARINC\'s principal stockholders and
    principal customers are the United States scheduled airlines. A
    number of corporate and general aviation operators also own shares
    in ARINC. ARINC provides its services to all aircraft operators,
    including foreign airlines and business and private aircraft, on a
    not-for-profit, cost sharing, basis. ARINC currently holds over
    6,000 licenses, including over 200 assignments in the
    136.500-136.975 MHz band. *See* *Report and Order*, 5 FCC Rcd at
    3961 n.1; ARINC Comments on FAA Petition for Rulemaking, RM-9462
    (filed April 19, 1999) at 1.

[^7]: Automatic weather observation services provide pilots with
    up-to-date weather information including the time of the latest
    weather sequence, altimeter setting, wind speed and direction, dew
    point, temperature, visibility and other pertinent data needed at
    airports that have neither a full-time control tower nor a full-time
    FAA Flight Service Station. 47 C.F.R. § 87.525.

[^8]: Automatic terminal information services provide pilots with
    information regarding aircraft movement within an airport. 47 C.F.R.
    § 87.525.

[^9]: Airport control tower communications are operational control
    communications between pilots and airport control towers regarding
    aircraft landings and take-offs, and regarding aircraft transiting
    the airport traffic area on approach and departure. 47 C.F.R. §
    87.417

[^10]: 47 C.F.R. § 2.106 n.US244.

[^11]: *Report and Order*, 5 FCC Rcd at 3958 ¶ 32.

[^12]: In an Airborne Flight Information Services Policy Statement
    issued by the Administrator of the FAA on May 1, 1998, and appended
    to the SAMA Petition, FIS is described as a service delivered to the
    cockpit via digital data link that provides information necessary
    for continued safe flight and for both in-air and on-ground flight
    planning. FIS includes broadcasts of weather and other advisory
    information that serve the same purpose as AWOS and ATIS weather
    reports, but through data rather than voice transmission. The data
    are provided to the flight crew on a display, either textually or
    graphically. Examples of FIS products for delivery to the cockpit
    include the text of weather observations; graphical representations
    of weather hazard areas, such as thunderstorms; Notices to Airmen;
    and status of special use airspace. FIS is intended to complement,
    not replace, the existing voice communications services. Federal
    Aviation Administration*, Airborne Flight Information Services
    Policy Statement* (1998) at 1.

[^13]: SAMA Petition for Rulemaking, RM-9376 (filed September 14, 1998)
    (SAMA Petition). SAMA is a trade association that is one of the
    members of the General Aviation Action Plan Coalition, a group that
    formally requested the FAA to adopt its FIS policy. *Id*. at 2.
    Comments in response to the SAMA petition were filed by the National
    Air Transport Association (NATA), the National Business Aviation
    Association (NBAA), and ARINC. *See NPRM* at ¶ 4 nn.24-26.

[^14]: FAA Petition for Rulemaking, RM-9462 (filed November 19, 1998)
    (FAA Petition).

[^15]: These comments will be referred to as the FAA Revised Petition.
    The FAA indicated that its original Petition for Rulemaking remains
    valid except as amended in the FAA Revised Petition. FAA Revised
    Petition at 1. On November 15, 1999, ARINC filed further comments to
    clarify its views on the suggested rule changes. *See* Letter from
    John Bartlett, Esq., Wiley, Rein & Fielding, to D'wana Terry, Chief,
    Public Safety and Private Wireless Division, Wireless
    Telecommunications Bureau (dated November 15, 1999) (ARINC
    Clarification).

[^16]: FAA Revised Petition at 1-3. The four frequencies proposed for
    FIS in the FAA Revised Petition are 136.425 MHz, 136.450 MHz,
    136.475 MHz, and 136.500 MHz. The FAA proposed four other channels
    in its original Petition.

[^17]: *Id*. at 4.

[^18]: *Id*. at 2 (proposed amendment of 47 C.F.R. § 2.106).

[^19]: *NPRM* at ¶ 1.

[^20]: The ATA is the national trade and service association of the
    United States airline industry. See ARINC/ATA Comments on FAA
    Petition for Rulemaking, RM 9462 (filed April 19, 1999) (ARINC/ATA
    Joint Comments), at 2.

[^21]: Letter from Mr. George K. Sakai, Program Director for Spectrum
    Policy and Management, FAA, to Ms. Magalie Roman Salas, Secretary,
    FCC, dated July 12, 2000. In this letter, the FAA states that it
    "do\[es\] not fully agree with the approach that the FCC has taken
    to deal with the issues concerning the 136-137 MHz band." It adds,
    however, that it has no objection to the *NPRM* proposals because
    "Flight Information Services and other air/ground communications
    services can be implemented as stated in the ... NPRM, in order to
    provide new aeronautical safety benefits."

[^22]: *NPRM* at ¶ 10

[^23]: *Id.*

[^24]: ARINC/ATA NPRM Comments at 6. (The comments filed jointly by
    ARINC and ATA in response to the *NPRM* will be referred to herein
    as ARINC/ATA NPRM Comments to distinguish them from the comments
    filed jointly by ARINC and ATA in response to the FAA Petition for
    Rulemaking.)

[^25]: *See* ARINC/ATA NPRM Comments at 6; *NPRM* at ¶ 10 and n55.

[^26]: *See* Appendix B, 47 C.F.R. § 2.106, n.US244.

[^27]: 47 C.F.R. § 87.173(b).

[^28]: 47 C.F.R. § 87.173(b), as proposed in Appendix B of the *NPRM*.

[^29]: ARINC/ATA NPRM Comments at 6.

[^30]: 47 C.F.R. § 87.131.

[^31]: 47 C.F.R. § 87.133.

[^32]: 47 C.F.R. § 87.137.

[^33]: 47 C.F.R. § 87.139.

[^34]: *NPRM* at ¶ 13.

[^35]: FAA Petition at 2, 4-5; FAA Revised Petition at 2-3.

[^36]: ARINC/ATA Joint Comments at 6. The G1D emission (emission
    designator 14K0G1D) is necessary for VDL Mode 2 transmission. The
    G7D emission (emission designator 14K0G7D) is necessary for VDL Mode
    3 transmission.

[^37]: *NPRM* at ¶ 17.

[^38]: *Id.*

[^39]: ARINC/ATA Comments at 7. ARINC/ATA explain that VDL Mode 3 is
    similar to VDL Mode 2 except that it is designed to use TDMA
    technology to create four data streams from the 31.5 kb/s data
    capacity of VDL Mode 2 transmission. *See also* FAA Petition at 2.

[^40]: We note that the emission designator 14K0G7D was added to Section
    87.137(a) in an earlier Report and Order. *See* Amendment of Part 87
    of the Commission's Rules to Permit Automatic Operation of
    Aeronautical Advisory Stations (Unicoms) and Amendment of Part 87 to
    Permit the Use of 112-118 MHz for Differential Global Positioning
    System (GPS) Correction Data and the Use of Hand-Held Transmitters
    on Frequencies in the Aeronautical Enroute Service, *Report and
    Order*, WT Docket Nos. 96-1, 96-211, 14 FCC Rcd 3722, 3743 (1999).

[^41]: *NPRM* at ¶ 11.

[^42]: *Id*. According to SAMA, most general aviation aircraft have
    720-channel transceivers that tune up to 136 MHz, and only the
    newest transceivers have a 760-channel capability that can tune as
    well to the forty channels in the 136-137 MHz band.

[^43]: *Id*.

[^44]: 47 C.F.R. § 87.187(dd), as proposed in Appendix B of the *NPRM*.

[^45]: *NPRM* at ¶ 12 and Appendix B.

[^46]: *Id.* at ¶ 12.

[^47]: ARINC/ATA NPRM Comments at 4. Elaborating on this point,
    ARINC/ATA explain that FIS is intended to provide a continuous
    broadcast of data by the ground station so that the time required
    for the aircraft to receive the entire broadcast is minimized. Were
    aircraft transmissions permitted, interference concerns would
    require a significant increase in ground station separations, making
    frequency reuse difficult. *Id.* at 4-5. *See also* ARINC
    Clarification at 3 ("If aircraft transmissions are permitted, the
    separation required between co-channel frequency assignments would
    essentially be doubled, which would result in less efficient
    spectrum utilization.").

[^48]: ARINC/ATA NPRM Comments at n10.

[^49]: 47 C.F.R. § 87.187(dd).

[^50]: 47 C.F.R. § 87.263(a).

[^51]: 47 C.F.R. § 87.263(a)(5).

[^52]: *NPRM* at ¶ 19.

[^53]: *Id*. at ¶ 19 and n97.

[^54]: ARINC/ATA NPRM Comments at 3.

[^55]: *Id.* at 8.

[^56]: *Id.* at 9. Although ARINC/ATA cite only to proposed rule Section
    87.263(a)(5), the same considerations that would warrant deletion of
    the reference to 136.825 MHz in Section 87.263(a)(5) would warrant
    deletion of the reference to 136.825 MHz in Section 87.263(a)(1).

[^57]: *See* 47 C.F.R. § 87.263(a)(5); *Report and Orde*r, 5 FCC Rcd at
    3957 ¶ 27; *Reconsideration Order*, 6 FCC Rcd at 2292 ¶ 12.

[^58]: In addition, Offshore Logistics is not foreclosed by this action
    from applying to add stations or otherwise modify its facilities in
    the Gulf Of Mexico Region. Any such modification, however, would
    need to be coordinated to avoid interference to general purpose
    aeronautical enroute operations.

[^59]: *NPRM* at Appendix B, proposed Section 87.263(a).

[^60]: *See supra*, ¶ 21.

[^61]: *See* 5 U.S.C. § 603. The RFA, 5 U.S.C. § 601 *et seq*., has been
    amended by the Contract With America Advancement Act of 1996, Pub.
    L. No. 104-121, 110 Stat. 847 (1996) (CWAAA). Title II of the CWAAA
    is the Small Business Regulatory Enforcement Fairness Act of 1996
    (SBREFA).

[^62]: 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, WT Docket No. 00-77, *Notice of Proposed Rule Making*, FCC
    00-160 (2000) (*NPRM*), amended by *Errata* (rel. June 5, 2000).

[^63]: *See* 5 U.S.C. § 604.

[^64]: 5 U.S.C. § 632.

[^65]: *Id*. § 601(4).

[^66]: Department of Commerce, U.S. Bureau of the Census, 1992 Economic
    Census, Table 6 (special tabulation of data under contract to Office
    of Advocacy of the U.S. Small Business Administration).

[^67]: 5 U.S.C. § 601(5).

[^68]: 1992 Census of Governments, U.S. Bureau of the Census, U.S.
    Department of Commerce.

[^69]: *Id*.

[^70]: *See* 1992 Economic Census, U.S. Bureau of the Census, Table 6
    (special tabulation of data under contract to Office of Advocacy of
    the U.S. Small Business Administration).

[^71]: 13 C.F.R. §121.201, SIC Code 3663.

[^72]: U.S. Dept. of Commerce, 1992 Census of Transportation,
    Communications and Utilities, Table ID, (issued May 1995), SIC
    category 3663.

[^73]: 5 U.S.C. § 603.