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 Federal  Communications  Commission  DA  03-  3639 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  the  Matter  of  Application  of 
 THE  FLIGHT  DEPARTMENT  INC. 
 For  New  Aeronautical  Advisory  Station  at  Rifle,  Colorado 


 )  ) 
 )  ) 
 )  ) 
 FCC  File  No.  0001288982 


 ORDER 
 Adopted:  November  12,  2003  Released:  November  14,  2003 
 By  the  Chief,  Public  Safety  and  Private  Wireless  Division,  Wireless  Telecommunications  Bureau: 
 1.  Introduction.  We  have  before  us  an  application  filed  by  The  Flight  Department  Inc.  (The  Flight  Department)  for  a  new  aeronautical  advisory  station  (unicom)  1  at  the  Garfield  County  Airport  in 
 Rifle,  Colorado.  2  For  the  reasons  stated  below,  we  dismiss  the  application  pursuant  to  Section  1.934(  d)(  2)  of  the  Commissions  Rules.  3 


 2.  Background.  Currently,  the  Garfield  County  Airport  Authority  (Airport  Authority)  is  licensed  for  a  unicom  at  the  Garfield  County  Airport  under  Call  Sign  WIT7.  Section  87.215(  b)  of  the 
 Commissions  Rules  provides  that  [  o]  nly  one  unicom  will  be  authorized  to  operate  at  an  airport  which  does  not  have  a  control  tower,  RCO  [control  tower  remote  communications  outlet]  or  FAA  flight  service 
 station.  4  In  an  attachment  to  its  application,  The  Flight  Department  contends  that  the  one  unicom  per  airport  restriction  does  not  apply  to  the  Garfield  County  Airport  because  the  airport  has  an  RCO,  5  and 
 thus  is  permitted  to  have  more  than  one  unicom.  6  The  Flight  Department  also  alleges  that  the  Airport  Authority  has  violated  several  of  the  Commissions  Rules  governing  unicom  operations.  7 


 1  Unicoms  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,  unicoms  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.  47  C.  F.  R.    87.  213.  2 
 FCC  File  No.  0001288982  (filed  April  28,  2003).  3 
 47  C.  F.  R.    1.  934(  d)(  2).  4 
 47  C.  F.  R.    87.  215(  b).  5 
 An  RCO  is  an  unmanned  aeronautical  radio  station  at  a  small  uncontrolled  airport  located  near  a  large  airport  with  a  control  tower  (a  controlled  airport).  The  RCO  is  connected  via  landlines  to  the  control  tower  (or  other  FAA 


 control  facility).  Review  of  Part  87  of  the  Commissions  Rules  Concerning  the  Aviation  Radio  Services,  Notice  of  Proposed  Rule  Making,  WT  Docket  No.  01-  289,  16  FCC  Rcd  19005,  19022-  23  n.  99  (2001). 
 6  Attachment  at  1. 
 7  See  id.  Specifically,  The  Flight  Department  contends  that  the  Airport  Authority  has  contracted  with  a  company 
 called  Corporate  Aircraft  Services  to  administer  and  operate  the  unicom,  and  that  the  company  is  operating  the  (continued....) 
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 3.  Discussion.  Contrary  to  The  Flight  Departments  contention,  the  one  unicom  per  airport  limitation  does  apply  to  the  Garfield  County  Airport.  The  limitation  applies,  notwithstanding  the 
 existence  of  the  RCO  at  the  airport,  because  the  unicom  frequency  122.8  MHz  is  also  the  published  common  traffic  advisory  frequency  (CTAF)  at  the  airport.  8  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.  9  Accordingly,  we  have  interpreted  the  rules  statement  that  the  limitation  does  not  apply  to  airports  that 
 have  a  control  tower,  FAA  flight  service  station  (FSS),  or  RCO  to  mean  only  that  the  limitation  does  not  apply  to  airports  with  a  control  tower,  FSS,  or  RCO  that  effectively  controls  traffic  at  that  airport.  10 
 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.  11  At  airports  with  a 
 unicom  frequency  as  the  published  CTAF,  such  as  the  Garfield  County  Airport,  the  one  unicom  per  airport  limitation  applies,  even  if  the  airport  has  an  FSS  or  RCO.  12 


 4.  Because  the  Garfield  County  Airport  is  limited  to  having  just  one  unicom,  the  continuing  licensed  operation  of  unicom  Station  WIT7  forecloses  us  from  granting  The  Flight  Departments 
 application.  We  therefore  must  dismiss  the  application.  13  Although  The  Flight  Department  also  argues  that  the  Airport  Authority  is  operating  Station  WIT7  in  violation  of  several  of  the  Commissions  rules,  its 
 allegations  do  not  affect  the  outcome  here.  14  However,  we  will  refer  the  matter  to  the  Commissions  Enforcement  Bureau  to  take  whatever  actions  it  believes  warranted. 


 5.  Conclusion.  The  captioned  application  of  The  Flight  Department  seeks  a  license  for  what  would  be  the  second  unicom  at  an  airport  that  is  subject  to  the  one  unicom  limitation  of  Section  87.  215(  b) 


 (...  continued  from  previous  page)  unicom  in  a  manner  that  contravenes  Sections  87.  213(  a)  (requiring  that  a  unicom  provide  service  to  any  aircraft 
 station  upon  request,  without  discrimination,  and  provide  impartial  information  concerning  available  ground  services),  87.  107(  b)  (specifying  how  land  and  fixed  stations  in  the  Aviation  Radio  Service  are  to  identify 
 themselves),  and  87.  215(  d)  (requiring  that  applicants  seeking  renewal  of  a  unicom  license  notify  in  writing,  inter  alia,  all  aviation  service  organizations  located  at  the  airport).  47  C.  F.  R.    87.  213(  a),  87.  107(  b),  87.  215(  d).  The 
 Flight  Department  also  contends  that  the  licensees  control  point  was  relocated,  and  a  new  antenna  structure  erected,  without  prior  notification  to  the  Commission. 
 8  See  Review  of  Part  87  of  the  Commissions  Rules  Concerning  the  Aviation  Radio  Service,  Report  and  Order  and 
 Further  Notice  of  Proposed  Rule  Making,  WT  Docket  No.  01-  289,  FCC  03-  238,  at  n.  211  (rel.  Oct.  16,  2003)  (Part  87  R&  O);  see  also  Resort  Aviation  Services,  Inc.,  Hearing  Designation  Order,  WT  Docket  No.  02-  179,  17  FCC 


 Rcd  12816,  12816  n.  2  (WTB  PSPWD  2002)  (citing  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)).  9 
 See  Part  87  R&  O,  FCC  03-  238,  at  n.  211.  10 
 Id.  11 
 Id.  12 
 Id.  13 
 Even  if  we  determined  that  multiple  unicoms  could  be  licensed  at  Garfield  County  Airport,  we  could  not  grant  the  instant  application  by  The  Flight  Department  because  it  is  defective.  The  application  lists  an  invalid  radio  service 


 code  and  invalid  station  class  code  for  unicoms,  and  does  not  provide  required  antenna  or  frequency  data.  As  a  consequence,  the  application  is  subject  to  dismissal  as  defective.  See  47  C.  F.  R.    1.  934(  d)(  1). 


 14  That  is,  even  assuming  there  were  no  defects  in  The  Flight  Departments  application,  the  application  could  not  be 
 granted  simply  because  it  has  made  allegations  of  rule  violations  against  the  incumbent.  In  the  absence  of  a  finding  that  the  incumbent  licensee  had  abandoned  the  unicom  or  ceased  operation,  the  one  unicom  per  airport  limitation 


 would  remain  a  bar  to  the  application  by  The  Flight  Department  unless  and  until  the  incumbent  license  was  formally  revoked,  cancelled,  or  otherwise  terminated.  See  47  C.  F.  R.    87.  215(  c). 
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 of  the  Commissions  Rules.  It  is  therefore  dismissed  pursuant  to  Sections  1.934(  d)  and  87.215(  b)  of  the  Commissions  Rules. 
 6.  Accordingly,  IT  IS  ORDERED  pursuant  to  Sections  4(  i)  and  303(  r)  of  the  Communications  Act  of  1934,  as  amended,  47  U.  S.  C.    154(  i),  303(  r),  and  Sections  1.934(  d)  and 
 87.215(  b)  of  the  Commissions  Rules,  47  C.  F.  R.    1.934(  d),  87.  215(  b),  that  the  captioned  application  filed  by  The  Flight  Department  Inc.  on  April  28,  2003  SHALL  BE  DISMISSED. 


 7.  This  action  is  taken  under  delegated  authority  pursuant  to  Sections  0.131  and  0.331  of  the  Commissions  Rules,  47  C.  F.  R.    0.131,  0.331. 
 FEDERAL  COMMUNICATIONS  COMMISSION 


 Dwana  R.  Terry  Chief,  Public  Safety  and  Private  Wireless  Division 
 Wireless  Telecommunications  Bureau 
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