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 Federal  Communications  Commission  FCC  03-  95 
 1 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 

 In  the  Matter  of 
 Amendment  of  Part  22  of  the  Commissions  Rules  To  Benefit  the  Consumers  of  Air-  Ground 
 Telecommunications  Services 
 Biennial  Regulatory  Review  Amendment  of  Parts  1,  22,  and  90  of  the  Commissions  Rules 

 )  ) 
 )  ) 
 )  ) 
 )  ) 

 WT  Docket  No.  03-  103 

 NOTICE  OF  PROPOSED  RULE  MAKING 
 Adopted:  April  17,  2003  Released:  April  28,  2003 
 By  the  Commission: 

 Comment  Date:  [60  days  after  Federal  Register  Publication]  Reply  Comment  Date:  [90  days  after  Federal  Register  Publication] 

 TABLE  OF  CONTENTS 
 Heading  Paragraph  # 
 I.  INTRODUCTION..................................................................................................................................  1 
 II.  DISCUSSION  ........................................................................................................................................  5 
 A.  Overview..........................................................................................................................................  5 
 B.  Reexamination  of  Rules  Relating  to  Commercial  Air-  Ground  Service...........................................  7 
 1.  Background  ...............................................................................................................................  8 
 2.  Discussion  ...............................................................................................................................  17 
 C.  Scope  and  Authority  ......................................................................................................................  24 
 D.  Licensing  Requirements  and  Procedures  .......................................................................................  31 
 E.  Operational  and  Technical  Requirements  ......................................................................................  36 
 F.  Developmental  Authorizations  ......................................................................................................  46 
 G.  Paging  and  Radiotelephone  Service  Rules.....................................................................................  51 
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 H.  Rural  Radiotelephone  Service  Rules..............................................................................................  71 
 I.  Air-  Ground  Radiotelephone  Service  Rules....................................................................................  72 
 J.  Offshore  Radiotelephone  Service  Rules  ........................................................................................  77 
 III.  PROCEDURAL  MATTERS................................................................................................................  78 
 A.  Form  of  Comments  ........................................................................................................................  78 
 B.  Comment  Filing  Procedures  ..........................................................................................................  79 
 C.  Ex  Parte  Presentations....................................................................................................................  83 
 D.  Regulatory  Flexibility  Act  .............................................................................................................  84 
 E.  Initial  Paperwork  Reduction  Analysis  ...........................................................................................  85 
 F.  Contact  Information  .......................................................................................................................  86 
 IV.  ORDERING  CLAUSES.......................................................................................................................  87 

 Appendix  A,  Initial  Regulatory  Flexibility  Analysis 
 Appendix  B,  Proposed  Rule  Changes 

 I.  INTRODUCTION 
 1.  In  this  Notice  of  Proposed  Rulemaking  (Notice),  we  undertake  a  reexamination  of  our  rules  governing  the  provision  of  air-  ground  telecommunications  services  on  commercial  airplanes  in  order 

 to  enhance  the  options  available  to  the  public.  We  also  propose,  partly  in  fulfillment  of  our  biennial  review  responsibilities,  to  revise  or  eliminate  certain  Part  22  Public  Mobile  Services  (PMS)  rules  that 
 have  become  obsolete  as  the  result  of  technological  change,  increased  competition  in  the  Commercial  Mobile  Radio  Services  (CMRS),  supervening  changes  to  related  Commission  rules,  or  a  combination  of 
 these  factors.  1  This  Notice  in  addition  proposes  to  recodify  certain  Part  22  PMS  rules  to  Part  1  of  our  rules,  2  amend  several  of  our  Part  1  rules,  and  make  several  conforming  amendments  to  our  Part  90  rules.  3 

 1  47  C.  F.  R.  Pt.  22.  Part  22  contains  10  subparts.  The  first  three  subparts  Subparts  A  (Scope  and 
 Authority),  B  (Licensing  Requirements  and  Procedures)  and  C  (Operational  and  Technical  Requirements)  apply  generally  to  all  Part  22  licenses.  The  fourth  subpart,  Subpart  D,  contains  rules  for  developmental  authorizations. 

 Each  of  the  next  five  Subparts  (E  through  I)  contain  rules  applicable  to  one  of  the  five  Part  22  services:  (1)  Paging  and  Radiotelephone;  (2)  Cellular  Radiotelephone;  (3)  Rural  Radiotelephone;  (4)  Air-  Ground 
 Radiotelephone;  and  (5)  Offshore  Radiotelephone.  Finally,  Subpart  J  implements  the  Communications  Assistance  for  Law  Enforcement  Act  (CALEA)  as  it  applies  to  Part  22  services.  See  Pub.  L.  No.  103-  414,  108  Stat.  4279 
 (1994)  (codified  as  amended  in  scattered  sections  of  18  U.  S.  C.  and  47  U.  S.  C.    229,  1001-  1010,  1021). 
 2  See  47  C.  F.  R.  Pt.  1  (Practice  and  Procedure). 

 3  See  47  C.  F.  R.  Pt.  90  (Private  Land  Mobile  Radio  Services). 
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 We  also  seek  comment  on  providing  licensees  of  nationwide  paging  channels  flexibility  to  provide  other  services  and  on  whether  our  rules  limiting  the  provision  of  dispatch  service  by  paging  licensees  are  too 
 restrictive.  Adoption  of  this  Notice  is  one  step  in  achieving  one  of  our  key  strategic  goals  to  [  e]  ncourage  the  highest  and  best  use  of  spectrum  domestically  and  internationally  in  order  to  encourage 
 the  growth  and  rapid  deployment  of  innovative  and  efficient  communications  technologies  and  services.  4 
 2.  We  initiate  this  proceeding  partly  in  furtherance  of  our  biennial  review  of  regulations  pursuant  to  Section  11  of  the  Communications  Act  of  1934,  as  amended.  5  Section  11  requires  us  to 

 review  our  regulations  applicable  to  providers  of  telecommunications  service  and  to  determine  whether  any  such  regulation  is  no  longer  necessary  in  the  public  interest  as  the  result  of  meaningful  economic 
 competition  between  providers  of  such  service,  and  to  repeal  or  modify  any  regulation  that  we  find  no  longer  necessary  in  the  public  interest.  6  This  Notice,  in  part,  is  one  of  the  steps  in  our  implementation  of 
 staff  recommendations  7  under  Section  11  for  deleting  or  modifying  various  Part  22  rules.  In  addition,  the  Notice  considers  other  proposals  submitted  to  the  Commission  by  members  of  the  public  regarding 
 changes  to  the  Part  22  regulations,  including  those  that  do  not  fall  within  the  scope  of  Section  11.  We  accordingly  seek  comment  below  on  changes  to  rules  for  each  of  the  Part  22  services  other  than  cellular 
 as  well  as  our  rules  governing  developmental  authorizations.  8  In  addition  to  eliminating  unnecessary  regulatory  hurdles,  many  of  these  proposals  provide  licensees  with  greater  flexibility  regarding  the  use  of 
 their  spectrum,  which  in  turn  leads  to  greater  technical,  economic,  and  marketplace  efficiency.  9 
 3.  Most  importantly,  we  are  here  initiating  a  reexamination  of  our  rules  that  affect  the  provision  of  commercial  air-  ground  service  to  consumers.  It  appears  to  us  that  existing  rules  and 

 regulations  regarding  the  use  of  the  commercial  air-  ground  spectrum  10  as  well  as  rules  governing  the 
 4  Federal  Communications  Commission,  Strategic  Plan  FY  2003-  FY  2008  at  5  (2002) 

 5  47  U.  S.  C.    161. 
 6  47  U.  S.  C.    161(  a)(  2)&(  b).  In  our  Cellular  Year  2000  Biennial  Report  and  Order,  we  stated  that 
 section  11  places  the  burden  on  the  Commission  to  make  the  requisite  determinations;  no  particular  burden  is  placed  on  the  opponents  or  proponents  of  a  given  rule.  Year  2000  Biennial  Regulatory  Review  Amendment  of 

 Part  22  of  the  Commissions  Rules  to  Modify  or  Eliminate  Outdated  Rules  Affecting  the  Cellular  Radiotelephone  Service  and  Other  Commercial  Mobile  Radio  Services,  Report  and  Order,  FCC  02-  229,  at  4  (rel.  Sept.  24,  2002) 
 (Cellular  Year  2000  Biennial  Report  and  Order),  citing  In  the  Matter  of  2000  Biennial  Regulatory  Review  Spectrum  Aggregation  Limits  for  Commercial  Mobile  Radio  Services,  WT  Dkt.  No.  01-  14,  Report  and  Order,  16 
 FCC  Rcd  22628,  22679  25  (2001);  see  also  Second  Report  and  Order,  FCC  02-  247  (rel.  Sept.  24,  2002);  Erratum,  DA  02-  2969  (rel.  Nov.  4,  2002). 

 7  See  Biennial  Regulatory  Review,  CC  Docket  No.  00-  175,  Report,  FCC  00-  456  (adopted  Dec.  29,  2000; 
 rel.  Jan.  17,  2001)  (2000  Biennial  Review  Report);  Biennial  Regulatory  Review  2000  Updated  Staff  Report  (rel.  Jan.  17,  2001)  (Staff  Report);  2002  Biennial  Regulatory  Review,  Report,  FCC  02-  342,  2003  WESTLAW 

 (FEDCOM  FCC)  1192543  (adopted  Dec.  31,  2002;  rel.  March  14,  2003);  The  Commission  Seeks  Public  Comment  in  the  2002  Biennial  Review  of  Telecommunications  Regulations  Within  the  Purview  of  the  Wireless 
 Telecommunications  Bureau,  Public  Notice,  FCC  02-  264  (rel.  Sept.  26,  2002). 
 8  We  are  not  here  addressing  the  specific  rules  contained  in  Subpart  J  regarding  the  implementation  of 
 CALEA  for  Part  22  services.  We  are  addressing  implementation  of  CALEA  in  CC  Docket  No.  97-  213.  See  In  The  Matter  of  Communications  Assistance  for  Law  Enforcement  Act,  Order  on  Remand,  2002  WESTLAW 

 (FEDCOM  FCC)  534605. 
 9  See  FCC  Staff  Report,  Spectrum  Policy  Task  Force  Report,  ET  Dkt.  No.  02-  135  (rel.  Nov.  2002). 

 10  See  47  C.  F.  R.    22.857-  22.875. 
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 use  of  other  wireless  services  for  such  transmissions  may  be  impeding  the  efficient,  competitive  provision  of  services  to  the  public.  We  thus  request  parties  to  assess  our  current  rules  and  policies 
 affecting  air-  ground  services  both  with  respect  to  the  commercial  air-  ground  spectrum  itself  and  in  other  wireless  services  and  identify  restrictions  or  policies  that  impede  the  competitive  provision  of  services 
 designed  to  meet  consumers  needs,  as  well  as  make  suggestions  for  rules  and  policies  that  would  achieve  more  effective  consumer  choice  and  efficient  spectrum  use.  This  reexamination  is  intended  to  be 
 expansive,  and  we  welcome  the  ideas  of  all  interested  parties,  specifically  including  airlines  and  airline  passengers.  11 

 4.  At  the  conclusion  of  this  rulemaking,  we  anticipate  that  the  non-  cellular  Part  22  rules  will  be  substantially  abbreviated  with  the  elimination  of  as  many  as  40  rules.  While  such  rules  may  have  had 
 a  role  to  play  when  adopted,  many  today  serve  merely  as  reminders  of  outmoded  policies  and  technical  concerns  or  unnecessarily  limit  the  flexibility  of  Part  22  licensees  to  respond  to  the  marketplace  and  meet 
 the  needs  of  consumers.  These  potential  limitations  on  responding  to  public  needs  for  service  may  be  particularly  true  for  the  rules  and  policies  affecting  air-  ground  telecommunications  services.  Elimination 
 or  revision  of  many  of  the  Part  22  and  related  rules  to  align  them  with  the  current  technical  and  operational  environment,  and  to  allow  for  future  technological  innovation,  will  thus  serve  the  public 
 interest. 
 II.  DISCUSSION 
 A.  Overview 
 5.  We  first  address  the  opportunities  for  modifying  our  rules  affecting  commercial  air-ground  services  and  for  promoting  innovative  offerings  in  dedicated  commercial  air-  ground,  as  well  as 

 other,  spectrum  to  meet  the  needs  of  consumers  traveling  on  commercial  aircraft  for  readily  available  wireless  telecommunications  services.  Following  that  discussion,  additional  proposals  to  modify  or 
 eliminate  certain  Part  22  rules  in  this  Notice  are  organized  by  the  order  in  which  the  particular  rule  sections  appear  in  Part  22.  Many  of  the  proposals  below  seek  to  eliminate  rules  that  appear  to  have 
 become  obsolete  as  a  result  of  meaningful  economic  competition  among  providers  of  wireless  services  or  technological  developments.  In  addition,  some  of  the  proposals  in  this  Notice  are  intended  to  harmonize 
 the  regulatory  scheme  applicable  to  wireless  service  providers  under  Part  22  as  well  as  other  provisions  of  our  rules.  For  example,  we  propose  to  consolidate  into  Part  1  both  the  method  for  calculating  distance 
 and  the  method  for  calculating  terrain  elevation  applicable  to  wireless  service  providers.  12  We  also  seek  comment  regarding  how  any  of  our  Part  22  rules  governing  developmental  authorizations  can  be 
 improved  and  whether  certain  of  these  rules  should  be  eliminated.  13 
 6.  We  propose  to  ease  regulatory  requirements  wherever  appropriate.  For  example,  we  propose  to  eliminate  the  requirement  to  file  FCC  Form  409  (Airborne  Mobile  Radio  Telephone  License 

 Application)  to  apply  for  authority  to  operate  a  general  aviation  airborne  station.  14  We  also  propose  to  amend  section  1.929(  c)(  1)  to  specify  that  certain  expansions  over  water  of  a  composite  interference 

 11  We  note,  however,  that  use  of  cellular  telephones  and  other  wireless  devices  on  commercial  aircraft 
 will  continue  to  be  regulated  by  the  Federal  Aviation  Administration  (FAA),  regardless  of  the  action  we  take  in  this  proceeding. 

 12  See  paras.  32-  34,  infra. 
 13  See  paras.  46-  50,  infra. 
 14  See  paras.  25-  27,  infra. 
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 contour  (CIC)  of  a  site-  based  licensee  in  the  Paging  and  Radiotelephone  Service,  as  well  as  in  the  Rural  Radiotelephone  and  800  MHz  Specialized  Mobile  Radio  Services,  on  a  secondary,  non-  interference  basis 
 are  not  a  major  modification  of  license.  15  We  also  seek  comment  on  whether  licensees  of  frequencies  designated  for  nationwide  network  paging  service  should  be  permitted  to  use  these  channels  to  provide 
 service  other  than  nationwide  network  paging,  16  and  whether  the  limitations  placed  on  the  provision  of  dispatch  service  by  paging  and  radiotelephone  service  licensees  should  be  revised  or  eliminated.  17 

 B.  Reexamination  of  Rules  Relating  to  Commercial  Air-  Ground  Service 
 7.  We  are  initiating  in  this  proceeding  a  reexamination  of  our  rules  that  may  affect  the  provision  of  commercial  air-  ground  service,  i.  e.,  those  rules  affecting  the  availability  of  wireless  services 

 to  passengers  on  commercial  aviation  aircraft.  Pursuant  to  section  22.925  of  our  rules  and  Federal  Aviation  Administration  (  FAA)  rules  as  supplemented  by  an  advisory  circular,  18  passengers  generally 
 have  been  unable  to  use  their  terrestrial  wireless  handsets  while  in  flight.  Instead,  passengers  often  have  had  access  to  a  specialized  air-  ground  service  provided  by  the  airline.  Although  the  Commission 
 allocated  spectrum  in  the  800  MHz  band  for  this  commercial  air-  ground  service  and  initially  licensed  six  competing  licensees,  only  one  such  licensee  is  still  providing  this  service.  19  This  situation  causes  us  to 
 question  whether  the  existing  rules  are  inhibiting  the  viability  of  commercial  air-  ground  operations  on  dedicated  spectrum.  At  the  same  time,  we  have  seen  increased  interest  from  a  number  of  airlines  in  the 
 possible  liberalization  of  the  Commissions  rules  in  this  area.  Accordingly,  the  time  is  ripe  for  a  fundamental  reexamination  of  the  Commissions  rules. 

 1.  Background 
 8.  Commercial  Air-  Ground  Radiotelephone  Service.  The  Commission  expressly  provided  for  a  commercial  air-  ground  service  by  allocating  four  MHz  of  spectrum  for  commercial  air-  ground 

 radiotelephone  service  in  1990,  20  authorizing  operation  at  849-  851  MHz  (ground  stations)  and  894-  896  MHz  (airborne  mobile  stations).  This  spectrum  is  divided  into  ten  channel  blocks,  each  of  which  is 
 further  subdivided  into  six  control  channels  (P1-  P6)  and  29  communications  channels  (C1-  C29).  21 
 15  See  paras.  51-  55,  infra. 
 16  See  para.  56,  infra. 
 17  See  para.  62,  infra. 
 18  47  C.  F.  R.    22.925;  14  C.  F.  R.    91.21;  Federal  Aviation  Administration  Advisory  Circular  No.  91.21- 
 1A,  Use  of  Portable  Electronic  Devices  Aboard  Aircraft  (Oct.  2,  2000). 
 19  Of  the  six  originally  licensed  entities,  only  three  constructed  and  operated  systems;  now,  only  one 
 remains  in  operation. 
 20  See  Amendment  of  the  Commissions  Rules  Relative  to  Allocation  of  the  849-  851/  894-  896  MHz 
 Bands,  Report  and  Order,  5  FCC  Rcd  3861  (1990). 
 21  In  2001,  at  the  request  of  the  only  two  licensees  then  active,  the  Commercial  Wireless  Division  of  the 
 Wireless  Telecommunications  Bureau  granted  a  waiver  of  section  22.857,  which  provides  each  air-  ground  radiotelephone  licensee  with  an  exclusive  control  channel.  Pursuant  to  this  decision,  two  unassigned  control 

 channels  (P-  5  and  P-  6)  may  be  used  as  an  additional  communications  channel  (C-  30)  and  the  guardband  between  control  channel  P-  4  and  communications  channel  C-  30  has  been  increased  from  3.2  kHz  to  3.6  kHz.  See 
 Claircom  Licensee  Corporation  and  GTE  Airfone  Incorporated  Requests  for  Waivers  of  Air-  ground  Radiotelephone  Service  Rules,  Order,  16  FCC  Rcd  17959  (WTB,  CWD,  rel.  Oct.  9,  2001)  (  Claircom/  Airfone 
 Waiver  Order).  The  Waiver  Order  provides  for  modification  of  the  waiver  grant  in  the  event  the  Commission  (continued.) 
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 Licensees  in  this  service  generally  must  locate  their  ground  stations  within  1.6  kilometers  of  the  97  site  locations  identified  by  coordinates  in  section  22.859  of  our  rules.  22  One  of  the  ten  blocks  of  channels  is 
 allotted  to  each  of  these  geographic  site  locations.  Each  of  the  six  possible  commercial  air-  ground  licensees  has  access  to  an  exclusive  nationwide  control  channel  in  each  channel  block;  communications 
 channels  are  shared  among  all  licensees.  Each  of  the  six  licensees  must  provide  nationwide  service. 
 9.  The  operations  of  commercial  air-  ground  licensees  are  subject  to  certain  practical  limitations  in  light  of  the  existing  regulatory  regime.  To  promote  interoperable  communications  and  to 

 manage  interference,  some  of  the  ground  station  locations  in  North  America  have  been  predetermined  consistent  with  bilateral  agreements  with  Mexico  and  with  Canada.  The  number  of  communications 
 channels  limits  the  number  of  voice  calls  that  can  be  simultaneously  handled  in  a  particular  area.  The  specified  narrow  bandwidth  (6  kHz)  of  the  communications  channels  limits  a  service  providers  ability  to 
 provide  services  other  than  voice  and  low-  speed  data  services.  23 
 10.  Limitations  on  Use  of  Wireless  Devices  on  Commercial  Aircraft.  Limitations  on  the  use  of  wireless  devices  on  commercial  airborne  aircraft  derive  from  two  sources,  with  separate  justifications. 

 Initially,  the  FAA  adopted  the  predecessor  to  its  current  rule  in  1961,  to  prohibit  the  operation  of  portable  frequency-  modulated  radio  receivers  aboard  U.  S.  aircraft  when  the  very  high  frequency  omnidirectional 
 range  was  being  used  for  navigation  purposes.  24  The  FAA  subsequently  added  other  personal  electronic  devices  (which  includes  wireless  phones)  to  this  prohibition.  Specifically,  the  FAA  generally  prohibits 
 the  use  of  personal  electronic  devices  on  airplanes  unless  the  operator  of  the  aircraft  has  determined  [the  portable  electronic  device]  will  not  cause  interference  with  the  navigation  or  communication  system  of 
 the  aircraft  on  which  it  is  to  be  used.  25  The  FAA  has  recently  explained  that  it  adopted  these  restrictions  (Continued  from  previous  page) 
 were  to  decide  to  assign  this  spectrum  to  another  air-  ground  radiotelephone  licensee  or  to  use  it  for  another  purpose.  Claircom/  Airfone  Waiver  Order  at  7. 

 22  47  C.  F.  R.    22.859.  The  purpose  of  using  the  specified  site  locations  and  frequency  blocks  is  to 
 minimize  interference  due  to  Doppler  frequency  shift.  Because  the  air-  ground  channels  are  narrow  (6  kHz),  the  relative  motion  of  the  aircraft  and  the  ground  station  cause  the  frequency  received  to  be  shifted  from  its 

 transmitted  value.  Because  the  channels  are  all  used  and  adjacent  to  one  another,  they  must  all  shift  together  by  the  same  amount,  or  the  signals  will  overlap  and  result  in  unacceptable  interference. 

 In  certain  instances,  the  rules  permit  stations  at  locations  that  are  more  than  1.  6  kilometers  from  the  specified  locations.  For  example,  pursuant  to  section  22.859(  b),  a  ground  station  may  be  located  at  a  distance 
 greater  than  1.  6  kilometers  from  all  of  the  locations  listed  in  the  geographical  channel  block  layout,  provided  that  it  also  is  located  at  a  minimum  distance  of  855  kilometers  (550  miles)  from  all  antenna  locations  of  ground 
 stations  using  the  same  channel  block.  Pursuant  to  section  22.859(  a),  commercial  air-  ground  licensees  may  construct  and  operate  low  power  ground  stations  at  additional  locations  on  a  non-  interfering  basis.  47  C.  F.  R.   
 22.859(  a). 
 23  When  the  Commission  adopted  the  rules  for  this  service,  it  implemented  policies  and  technical 
 constraints  consistent  with  the  experimental  air-  ground  system  licensed  to  Airfone,  Inc.  (now  Verizon  Airfone)  six  years  prior  to  the  order  establishing  the  service  in  Part  22.  In  the  Matter  of  Amendment  of  the  Commissions 

 Rules  Relative  to  Allocation  of  the  849-  851/  894-  896  MHz  Bands,  FCC  90-  140,  Report  and  Order  (rel.  June  15,  1990).  The  Commission  sought  to  promote  open  entry,  which  required  that  the  licensees  be  technically 
 compatible  and  coordinate  with  one  another. 
 24  Federal  Aviation  Administration  Advisory  Circular  No.  91.21-  1A,  Use  of  Portable  Electronic  Devices 
 Aboard  Aircraft,  at  1  (Oct.  2,  2000)  (FAA  PED  Advisory  Circular). 
 25  14  C.  F.  R.    91.21.  See  also  14  C.  F.  R.    121.306,  125.204,  135.144.  These  rules  exempt  portable 
 voice  recorders,  hearing  aids,  heart  pacemakers,  and  electric  shavers  from  the  prohibition. 
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 because  of  the  potential  for  portable  electronic  devices  (PED)  to  interfere  with  aircraft  communications  and  navigation  equipment.  26 
 11.  Separately,  the  Commission  adopted  section  22.925  of  its  rules  in  1991  to  prohibit  airborne  use  of  cellular  telephones.  27  The  Commission  imposed  this  limitation  in  order  to  guard  against 
 harmful  interference  to  terrestrial  cellular  operations.  28  There  is  no  comparable  rule  governing  use  of  PCS  phones  on  airborne  aircraft.  29  However,  the  Commission  has  recognized  that,  even  in  the  absence  of 
 specific  FCC  regulations  governing  airborne  use,  the  FAA  has  joint  jurisdiction  with  the  FCC  regarding  the  use  of  telecommunications  devices  on  airplanes.  30  Indeed,  the  Commission  has  pointed  out  that  its 
 rules  with  regard  to  the  use  of  cellular  telephones  on  board  aircraft  are  subject  to  FAA  guidelines.  Therefore,  neither  cellular  carriers  nor  their  subscribers  can  demand  to  use  cellular  service  aboard  aircraft 
 if  the  FAA  has  proscribed  such  use,  and  any  use  is  specifically  subject  to  all  FAA  regulations.  31  The  FAA  has  requested  that  RTCA,  Inc.,  an  industry  consensus  organization  under  the  Federal  Advisory 
 Committee  Act,  32  form  an  advisory  committee  of  government,  industry  and  academic  experts  to  specifically  address  the  risks  associated  with  use  of  portable  wireless  devices  on  aircraft.  This  RTCA 
 advisory  committee  is  expected  to  complete  its  task  in  late  2005.  FAA  regulations  and  guidance  related  to  the  use  of  portable  electronic  devices  on  board  aircraft  are  not  expected  to  change  significantly  until 
 this  advisory  committee  completes  its  studies  and  provides  recommendations  back  to  the  FAA. 
 26  FAA  PED  Advisory  Circular  at  1. 

 27  47  C.  F.  R.    22.925.  This  section  provides:  Cellular  telephones  installed  in  or  carried  aboard 
 airplanes,  balloons  or  any  other  type  of  aircraft  must  not  be  operated  while  such  aircraft  are  airborne  (not  touching  the  ground).  When  any  aircraft  leaves  the  ground,  all  cellular  telephones  on  board  that  aircraft  must  be  turned  off. 

 The  following  notice  must  be  posted  on  or  near  each  cellular  telephone  installed  in  any  aircraft:  The  use  of  cellular  telephones  while  this  aircraft  is  airborne  is  prohibited  by  FCC  rules,  and  the  violation  of  this  rule  could 
 result  in  suspension  of  service  and/  or  a  fine.  The  use  of  cellular  telephones  while  this  aircraft  is  on  the  ground  is  subject  to  FAA  regulations.    This  rule  was  adopted  in  Amendment  of  Sections  of  Part  22  of  the  Commissions 
 Rules  in  the  Matter  of  Airborne  Use  of  Cellular  Telephones  and  the  Use  of  Cell  Enhancers  in  the  Domestic  Public  Cellular  Radio  Service,  Report  and  Order,  7  FCC  Rcd  23  (1991)  (Airborne  Use  of  Cellular  Telephones).  The 
 prohibition  originally  was  adopted  as  section  22.911  but  was  subsequently  renumbered  section  22.925. 
 28  Airborne  Use  of  Cellular  Telephones,  7  FCC  Rcd  at  23-  24. 

 29  Part  90  land  mobile  operations,  which  include  Specialized  Mobile  Radio,  are  permitted  aboard  aircraft 
 so  long  as:  (1)  the  aircraft  is  regularly  flown  at  altitudes  of  less  than  1.6  km  above  the  earths  surface;  (2)  the  transmitter  output  power  does  not  exceed  ten  watts;  (3)  the  operations  are  secondary  to  land-  based  systems;  and 

 (4)  any  other  steps  necessary  to  minimize  interference  to  land-  based  systems  are  implemented.  47  C.  F.  R.    90.423(  a). 

 30  Airborne  Use  of  Cellular  Telephones,  7  FCC  Rcd  at  24.  The  Commission  specifically  noted: 
 Because  the  FAA  has  raised  concerns  that  cellular  telephones  may,  under  certain  circumstances,  cause  interference  with  aircraft  systems  and  there  is  a  need  for  further  testing  in  this  area  to  assess  this  potential  risk,  we 

 will  defer  to  the  FAA  on  aircraft  operations  to  establish  regulations  for  use  of  cellular  telephones  on  aircraft  on  the  ground.  The  FAA  is  addressing  this  issue  by  developing  operational  guidelines  to  restrict  cellular  telephones  to 
 use  at  the  gate  and  during  extended  waits  on  the  ground  when  authorized  by  the  captain.  We  applaud  these  efforts  to  establish  reasonable  guidelines  to  protect  airline  safety  while  permitting  some  uses  of  cellular  telephones  on 
 aircraft  while  on  the  ground.  Id. 
 31  Id. 

 32  5  U.  S.  C.,  Appendix  2.  In  addition,  the  FAA  charters  RTCA,  Inc.,  as  a  Federal  Advisory  Committee 
 under  FAA  Order  1110.77,  as  amended. 
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 Therefore,  regardless  of  changes  to  Part  22  of  our  rules,  33  FAA  regulations  will  continue  to  regulate  the  use  of  all  portable  wireless  devices,  including  cellular  telephones,  on  board  aircraft. 
 12.  Recent  Developments.  Current  market  and  technical  developments  strongly  suggest  there  may  be  significant  consumer  benefits  from  changing  our  existing  regulatory  framework.  At  present,  there 
 is  only  one  commercial  air-  ground  radiotelephone  licensee  with  an  active  license  Verizon  Airfone  and,  according  to  reports,  it  intends  to  continue  to  provide  commercial  air-  ground  service.  34  Another 
 commercial  air-  ground  licensee  AT&  T  Wireless  discontinued  operations  on  September  1,  2002,  35  and  recently  cancelled  its  license.  36  Four  other  nationwide  licenses  have  been  unassigned  for  some  time,  but 
 no  one  has  formally  requested  that  the  Commission  open  another  application  filing  window.  37 
 13.  The  price  of  the  wireless  service  available  to  commercial  airline  passengers  has  traditionally  been  high  when  compared  to  terrestrial  wireless  service  pricing.  For  instance,  consistent 

 with  the  customary  pricing  for  air-  ground  service,  Verizon  Airfone  today  generally  charges  a  connection  fee  of  $3.99  for  each  voice  call,  plus  $3.99  per  minute  of  air  time.  38  A  recent  USA  Today  article  notes 
 that  average  calls  per  flight  on  the  commercial  air-  ground  spectrum  have  fallen  from  four  to  one  and  one-half,  39  and  both  that  story  and  a  recent  Wall  Street  Journal  article  attribute  limited  usage  of  the 
 commercial  air-  ground  service  to  the  high  price.  40 
 14.  Some  parties  are  working  to  expand  and  improve  the  services  available  to  airline  passengers.  Verizon  Airfone  has  taken  a  number  of  steps  to  enhance  its  services,  with  voice,  data,  and  fax 

 communications  capability  now  found  on  all  its  phones.  41  The  company  also  launched  an  in-  flight  data  service  called  JetConnect(  SM)  in  September  2002  on  some  commercial  U.  S.  flights,  including  planes 

 33  47  C.  F.  R.  Part  22. 
 34  See,  e.  g.,  Paul  Davidson,  In-  flight  Cellphone  Use  Might  Become  a  Reality,  USA  Today  (Oct.  23. 
 2002)  at  A1;  Ron  Liefer  and  J.  Lynn  Lumsford,  Totally  Wired  at  32,000  Feet,  Wall  Street  Journal  (Oct.  24,  2002)  at  D1;  Welcome  to  Airfone  web  site,  www22.  verizon.  com/  airfone  and 

 www.  22.  verizon.  com/  airfone/  service/  af_  service.  htm. 
 35  See  Paul  Davidson,  In-  flight  Cellphone  Use  Might  Become  a  Reality,  USA  Today  (Oct.  23,  2002)  at 
 A1. 
 36  See  Claircom  Licensee  Corporation  Application  for  Cancellation  of  License,  Call  Sign  KNKG801,  File 
 No.  0001161399  (filed  Jan.  16,  2003). 
 37  Pursuant  to  section  22.875  of  our  rules,  applications  for  authorization  in  this  service  may  only  be  filed 
 during  window  filing  periods  announced  in  public  notices.  47  C.  F.  R.    22.875. 
 38  See  Paul  Davidson,  In-  flight  Cellphone  Use  Might  Become  a  Reality,  USA  Today  (Oct.  23,  2002)  at 
 A1;  www22.  verizon.  com/  airfone/  service/  af_  service_  genrates.  htm. 
 39  Paul  Davidson,  In-  flight  Cellphone  Use  Might  Become  a  Reality,  USA  Today  (Oct.  23,  2002)  at  A1. 

 40  See  id.;  Ron  Liefer  and  J.  Lynn  Lumsford,  Totally  Wired  at  32,000  Feet,  Wall  Street  Journal  (Oct. 
 24,  2002)  at  D1. 
 41  See  Welcome  to  Airfone  web  site,  http://  www22.  verizon.  com/  airfone  and 
 www.  22.  verizon.  com/  airfone/  service/  af_  service.  htm. 
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 operated  by  Continental  Airlines,  Inc.  42  One  report  indicates  that  Verizon  Airfone  hoped  to  have  the  JetConnect  service  available  on  over  100  airplanes  by  the  end  of  2002.  43  The  service  includes  instant 
 messaging,  online  games,  and  current  news,  priced  at  $5.99  for  an  entire  flight.  44  Verizon  Airfone  also  has  indicated  that,  in  order  to  meet  the  needs  of  consumers  on  commercial  aircraft,  it  plans  solutions  that 
 would  use  other  frequencies,  such  as  the  2.4  GHz  band  used  by  the  unlicensed  Bluetooth  and  802.11b  technologies  that  are  already  available  in  many  portable  devices  and  are  expected  to  be  integrated  into 
 some  cellular  handsets  soon.  45  A  Verizon  Airfone  representative  explained  that  [  p]  assengers  would  use  their  personal  cell  phones  to  connect  to  the  onboard  phone  system  through  a  Bluetooth  access  point,  so 
 that  the  onboard  phone  system  would  be  the  bearer  system  to  the  ground.  46 
 15.  Another  party  significantly  interested  in  providing  commercial  air-  ground  service  to  airline  passengers  is  AirCell,  Inc.  Through  its  cellular  licensee  partners,  AirCell  provides,  pursuant  to 

 waiver,  air-  ground  services  to  general  aviation  aircraft  using  traditional  cellular  networks  and  frequencies.  47  The  AirCell  system  connects  to  existing  ground-  based  cellular  networks  pursuant  to 
 agreements  with  24  cellular  providers.  48  While,  to  date,  AirCell  has  provided  air-  ground  service  only  to  general  aviation  aircraft  over  its  network,  it  has  announced  plans  to  begin  testing  the  service  in 
 commercial  aircraft.  49 

 42  See  Ron  Liefer  and  J.  Lynn  Lumsford,  Totally  Wired  at  32,000  Feet,  Wall  Street  Journal  (Oct.  24, 
 2002)  at  D1;  Bob  Woods,  IMing  at  30,00  Feet,  Instant  Messaging  Planet  (Sept.  24,  2002),  available  at  www.  instantmessagingplanet.  com/  public/  article/  0,  10817_  1469141,00.  htm. 

 43  Bob  Woods,  IMing  at  30,00  Feet,  Instant  Messaging  Planet  (Sept.  24,  2002),  available  at 
 www.  instantmessagingplanet.  com/  public/  article/  0,  10817_  1469141,00.  htm. 
 44  See  Ron  Liefer  and  J.  Lynn  Lumsford,  Totally  Wired  at  32,000  Feet,  Wall  Street  Journal  (Oct.  24, 
 2002)  at  D1. 
 45  Letter  to  Marlene  H.  Dortch,  Secretary,  Federal  Communications  Commission,  from  L.  Andrew  Tollin, 
 Douglas  I.  Brandon,  J.  R.  Carbonnell,  and  John  T.  Scott,  III,  at  2  (dated  Sept.  23,  2002). 
 46  Inflight  Cell-  Phone  Tests  Challenged,  WAEA  Industry  News  (Sept.  16,  2002)  at  3. 

 47  AirCell  and  its  partners  have  been  granted  waivers  of  the  Commissions  rule,  47  C.  F.  R.    22.925, 
 prohibiting  the  use  of  cellular  phones  on  planes  in  order  to  implement  an  air-  ground  service.  AirCell's  system  uses  specially  designed  mobile  units  and  ground  equipment  to  allow  users  to  access  the  existing  networks  of 

 AirCell's  cellular  licensee  partners  without  causing  the  harmful  interference  against  which  section  22.925  was  designed  to  protect.  See  In  the  Matter  of  AirCell,  Inc.,  Petition,  Pursuant  to  Section  7  of  the  Act,  For  a  Waiver  of 
 the  Airborne  Cellular  Rule,  Or,  in  the  Alternative,  for  a  Declaratory  Ruling,  Order,  14  FCC  Rcd  806  (WTB  1998),  reconsideration  granted  in  part,  denied  in  part,  Order  on  Reconsideration,  14  FCC  Rcd  19430  (WTB  1999), 
 application  for  review  denied,  Memorandum  Opinion  and  Order,  15  FCC  Rcd  9622  (2000),  affirmed  in  part  and  remanded  in  part,  AT&  T  Wireless  Services,  Inc.,  et  al.,  v.  FCC,  270  F.  3d  959,  968  (D.  C.  Cir.  2001),  Order  on 
 Remand,  FCC  02-  324  (rel.  Feb.  10,  2003),  petition  for  review  filed  (D.  C.  Cir.  Feb.  26,  2003). 
 48  Press  Release,  Frontier  Airlines  to  Participate  in  Trial  of  AirCell,  Inc.  s  Cellular  Airborne 
 Telephones  (Sept.  25,  2002),  located  at  www.  Aircell.  com/  news/  PressReleases/  Frontier.  htm. 
 49  See  id.  AirCell  has  indicated  that,  to  the  extent  any  additional  or  modified  waiver  authority  or 
 experimental  license  is  required  in  order  to  conduct  the  desired  tests  on  commercial  aircraft,  it  will  obtain  such  necessary  authorization.  Nothing  in  AirCells  current  waiver  prohibits  operation  on  commercial,  as  opposed  to 

 general  aviation,  aircraft. 
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 16.  Certain  commercial  airlines  also  have  recently  expressed  significant  interest  in  reforms  that  would  allow  improvement  in  service  to  their  passengers.  Delta  Air  Lines,  for  example,  recently 
 stated  to  the  Commission  that  it  believes  that  its  passengers  also  want  to  use  their  cell  phones  during  flight  if  they  would  be  permitted  to  do  so.  .  .  .  If  this  technology  can  be  applied  to  commercial  passenger 
 aircraft  so  that  passengers  can  use  their  own  cell  phones,  this  would  be  a  major  benefit  to  our  airline  and  passengers,  including  our  many  frequent  travelers  whose  convenience  and  productivity  would  be 
 increased  by  the  availability  of  these  communications.  50  A  recent  Wall  Street  Journal  article  indicates  that  a  number  of  airlines  are  exploring  a  variety  of  technologies  for  enhancing  communications  (including 
 surfing  the  Internet)  by  passengers  during  flight,  from  Verizon  Airfones  updated  air-  ground  service  to  satellite  technology,  such  as  Connexion  by  Boeing.  51  Frontier  Airlines,  Inc.  and  AirCell  have  announced 
 plans  for  a  trial  of  AirCells  airborne  cellular  telephone  system  on  one  of  Frontiers  aircraft.  52 
 2.  Discussion 
 17.  Given  the  limitations  on  commercial  air-  ground  operations  described  above,  the  current  state  of  the  marketplace  for  commercial  air-  ground  spectrum,  and  the  amount  of  spectrum  involved,  we 

 are  initiating  this  reexamination  of  our  rules.  We  seek  comment  regarding  whether  the  commercial  air-ground  spectrum  is  being  efficiently  used,  since  there  is  now  only  one  operating  licensee  in  a  regulatory 
 plan  that  originally  contemplated  six  competing  service  providers.  To  this  end,  we  are  open  to  all  possible  suggestions  for  fundamental  reform  of  our  spectrum  policy  in  this  band.  We  seek  comment  on 
 whether  any  changes  to  our  rules  could  provide  greater  opportunities  for  the  competitive  provision  of  air-ground  services,  leading  to  lower  prices  to  consumers  and  increased  choices  in  wireless  services  and 
 enhancements  while  traveling  by  commercial  airliner.  In  addition,  we  seek  comment  regarding  whether  this  spectrum  should  be  limited  to  air-  ground  use,  or  whether  we  should  allow  for  more  flexible  use.  53 
 Our  goal  is  to  promote  the  highest  valued  use  of  this  spectrum,  with  service  provision  that  better  meets  the  needs  of  the  public  for  wireless  communications  services.  We  also  seek  comment  regarding  possible 
 changes  to  our  rules  that  would  encourage  the  use  of  innovative,  spectrum-  efficient  technologies  in  this  spectrum. 

 18.  Air-  Ground  Spectrum.  As  noted  above,  there  is  limited  competition  in  the  commercial  air-  ground  spectrum,  despite  Commission  licensing  of  six  operators  in  this  band.  We  are  concerned  that 
 there  is  only  one  licensee  remaining  in  this  service,  which  suggests  that  reforms  may  be  needed  to  the  original  structure.  To  what  extent  does  the  lack  of  competition  stem  from  our  rigid  structure  for  licensing 
 service  providers?  Is  this  a  situation  where  our  detailed  regulatory  scheme  adopted  in  1991  is  hindering  achievement  of  public  interest  benefits  that  could  be  better  attained  through  deregulatory  steps  that 
 promote  flexibility  and  technical  innovation?  In  light  of  experience  gained  since  the  commercial  air-ground  service  was  established,  rigid  service  rules  adopted  to  promote  six  licensees  and  that  significantly 
 delimit  the  permissible  spectrum  usage  seem  at  least  suspect  when  significantly  fewer  than  six  service  providers  appear  viable.  To  what  extent  are  there  economic  or  related  factors  limiting  marketplace 

 50  Letter  to  Michael  K.  Powell,  Chairman,  Federal  Communications  Commission,  from  Timothy  W. 
 Mapes,  Managing  Director,  Customer  Products  and  Services,  Delta  Air  Lines,  Inc.  (dated  Oct.  2,  2002). 
 51  Ron  Liefer  and  J.  Lynn  Lumsford,  Totally  Wired  at  32,000  Feet,  Wall  Street  Journal  (Oct.  24,  2002) 
 at  D1;  Susan  Stellin,  A  Networked  Worlds  Final  Frontier:  the  Airplane,  New  York  Times  (Nov.  12,  2002)  at  C9. 

 52  Press  Release,  Frontier  Airlines  to  Participate  in  Trial  of  AirCell,  Inc.  s  Cellular  Airborne 
 Telephones  (Sept.  25,  2002),  located  at  www.  Aircell.  com/  news/  PressReleases/  Frontier.  htm. 
 53  See  para  21,  infra  (discussing  potential  limitations  on  flexible  use). 
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 competition?  For  example,  to  what  extent  is  the  number  of  active  air-  ground  service  providers  determined  by  the  nature  of  the  relationships  these  providers  must  have  with  the  airlines  in  the  provision 
 of  air-  ground  service  (e.  g.,  the  need  for  commercial  air-  ground  licensees  to  establish  a  relationship  with  each  airline  in  order  to  place  its  phones  on  planes,  as  well  as  the  generally  exclusive  nature  of  agreements 
 entered  into  by  individual  airlines  and  air-  ground  licensees)? 
 19.  In  evaluating  the  provision  of  commercial  air-  ground  service,  we  also  seek  comment  on  whether  there  are  other  steps  we  should  consider  to  reform  our  commercial  air-  ground  spectrum  rules  to 

 permit  more  efficient  use  of  this  spectrum.  Is  there  more  innovative,  spectrum-  efficient  technology  available  that  could  be  used  in  this  spectrum?  If  so,  how  best  can  we  promote  deployment  of  such 
 technology?  Should  we  increase  the  operational  flexibility  afforded  to  air-  ground  licensees  to  determine  how  best  to  meet  the  wireless  service  needs  of  commercial  passengers  while  airborne?  If  we  do  so, 
 should  we  retain  the  current  structure  in  the  800  MHz  band  providing  for  six  commercial  air-  ground  licenses,  with  flexible  rights  granted  to  the  existing  licensee,  or  should  we  introduce  a  new  licensing 
 scheme? 
 20.  We  also  seek  comment  on  whether  the  choices  available  to  consumers  would  be  enhanced  by  granting  flexibility  to  provide  both  air-  ground  and  terrestrial  wireless  services  in  this 

 spectrum.  Would  increased  flexibility  of  this  type  provide  benefits  to  consumers  of  air-  ground  and  other  wireless  services?  Would  this  expanded  flexibility  raise  any  co-  channel,  adjacent  channel,  or  other 
 interference  issues,  e.  g.,  with  respect  to  existing  or  future  services  in  the  800  MHz  band?  54  What  other  considerations  should  we  take  into  account  in  assessing  this  possible  option? 

 21.  We  note,  for  example,  that  allowing  flexibility  in  the  849-  851/  894-  896  MHz  band  to  provide  terrestrial  as  well  as  airborne  services  would  require  a  change  to  the  current  domestic  allocation 
 for  the  band,  which  is  for  aeronautical  mobile  services.  We  also  note  that  current  bilateral  agreements  between  the  United  States,  Canada,  and  Mexico  provide  for  coordinated  use  of  air-  ground  frequencies 
 over  North  American  airspace,  and  therefore  could  limit  the  potential  for  more  flexible  use  of  this  spectrum.  Because  we  recognize  that  any  change  to  the  current  allocation  of  this  band  to  allow  greater 
 flexibility  raises  a  host  of  legal,  policy,  and  implementation  issues,  we  request  parties  wishing  us  to  consider  these  options  to  address  such  implications. 

 22.  Possible  Use  of  Other  Spectrum  To  Provide  Commercial  Air-  Ground  Service.  In  light  of  the  marketplace  developments  noted  above,  we  also  wish  to  consider  alternative  sources  of  air-  ground 
 service  in  addition  to  operators  using  the  spectrum  specifically  allocated  for  such  service.  Should  we  change  our  rules  for  cellular  spectrum,  or  any  other  CMRS  spectrum,  to  permit  licensees  greater  freedom 
 to  provide  various  air-  ground  services?  Should  we  repeal  or  modify  our  prohibition  against  the  use  of  cellular  equipment  while  airborne?  55  There  clearly  are  significant  technological  developments  that  may 

 54  We  note  that  the  849-  851  MHz  air-  ground  band  is  immediately  adjacent  to  800  MHz  General  Category 
 land  mobile  channels  at  851-  854.75  MHz  that  are  used  by  both  public  safety  and  commercial  SMR  systems  and  that  are  discussed  in  our  pending  proceeding  on  800  MHz  public  safety  interference  issues.  See  Improving  Public 

 Safety  Communications  in  the  800  MHz  Band;  Consolidating  the  900  MHz  Industrial/  Land  Transportation  and  Business  Pool  Channels,  WT  Docket  No.  02-  55,  Notice  of  Proposed  Rule  Making,  17  FCC  Rcd  4873  (2002), 
 Erratum,  17  FCC  Rcd  7169  (2002).  Some  proposals  in  that  docket  contemplate  the  possible  relocation  of  public  safety  users  to  the  851-  854  MHz  band,  adjacent  to  the  849-  851  MHz  air-  ground  band,  raising  additional  questions 
 about  possible  interference  to  be  considered  in  evaluating  any  proposals  regarding  use  of  the  Part  22  commercial  air-  ground  frequencies.  Thus,  our  consideration  of  possible  flexibility  in  the  800  MHz  air-  to-  ground  spectrum 
 may  be  affected  by  the  outcome  of  that  proceeding. 
 55  See  47  C.  F.  R.    22.925. 
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 facilitate  the  use  of  such  equipment  on  airborne  aircraft  without  causing  interference  to  terrestrial  operations  or  posing  aeronautical  risks,  as  well  as  heightened  interest  from  the  airline  industry  in 
 permitting  such  use.  For  example,  an  airplane  passenger  might  be  able  to  rely  on  his  or  her  CMRS  handset  to  send  and  receive  data  or  voice  communications,  at  low  power,  to  a  special  transceiver  located 
 on  the  airplane  itself.  This  transceiver  then  could  communicate  with  terrestrial  locations.  Of  course,  even  if  the  Commission  were  to  repeal  its  airborne  cellular  prohibition,  we  note  that  FAA  rules  and  advisories 
 or  the  determinations  of  individual  airlines  may  continue  to  define  permissible  use  of  wireless  devices  on  airborne  commercial  airplanes  due  to  concerns  about  possible  interference  to  the  aircrafts  own  systems. 
 Nevertheless,  we  seek  comment  on  whether  allowing  for  greater  flexibility  in  our  own  rules  would  be  beneficial  in  encouraging  the  development  of  innovative  airborne  technologies  that  would  be  compatible 
 with  FAA  rules  and  directives  governing  aircraft  safety.  We  seek  comment  on  whether  we  should  consider  any  other  changes  to  our  rules  to  facilitate  the  provision  of  commercial  air-  ground  service  by 
 licensees  of  other  spectrum. 
 23.  The  subsequent  sections  address  the  various  subparts  of  Part  22  in  order,  omitting,  as  previously  noted,  the  rules  concerning  cellular  service  and  implementation  of  CALEA. 

 C.  Scope  and  Authority 
 24.  Authorization  required.  Section  22.3(  b)  provides  that,  except  for  certain  stations  in  the  Rural  Radiotelephone  Service  and  the  Air-  Ground  Radiotelephone  Service,  subscribers  operation  of 

 mobile  or  fixed  stations  in  the  Public  Mobile  Services  is  covered  by  the  authorization  held  by  the  common  carrier  providing  service  to  them.  56  As  discussed  in  paragraph  28  below,  we  are  proposing  to 
 eliminate  the  restriction  that  license  holders  in  Part  22  may  only  be  current  or  future  common  carriers.  We  therefore  tentatively  conclude  that  the  term  common  carrier  in  this  section  can  be  replaced  with  the 
 term  licensee,  and  that  end  users  could  continue  to  rely  on  the  operating  authority  granted  by  the  Commission  to  their  service  provider. 

 25.  Form  409,  Airborne  Mobile  Radio  Telephone  License  Application.  In  contrast  to  most  Part  22  services,  section  22.3(  b)(  1)  requires  an  individual  authorization  to  operate  a  general  aviation 
 airborne  mobile  station  an  end  user  unit  in  the  Air-  Ground  Radiotelephone  Service.  57  This  requirement  is  also  reflected  in  section  1.903(  c)  of  our  rules.  58  Individuals  must  file  FCC  Form  409 
 (Airborne  Mobile  Radio  Telephone  License  Application)  to  apply  for  authority  to  operate  an  airborne  station,  59  and  must  file  FCC  Form  409  to  modify  or  renew  an  existing  license.  For  the  reasons  stated 
 below,  we  tentatively  conclude  that  this  individual  licensing  requirement  should  be  eliminated. 
 26.  In  1980,  the  Commission  abolished  licensing  of  individual  mobile  units  in  most  public  land  mobile  services.  60  The  Commission  reasoned  that  individual  land  mobile  units  served  by  a  base 

 56  47  C.  F.  R.    22.3(  b). 
 57  47  C.  F.  R.    22.3(  b)(  1). 
 58  47  C.  F.  R.    1.903(  c). 
 59  FCC  Form  409  was  adopted  in  1976.  See  Amendment  of  Part  21,  Domestic  Public  Radio  Services 
 (Other  than  Maritime  Mobile)  and  Adoption  of  FCC  Form  409,  Order,  63  FCC  2d  228  (1976). 
 60  Individual  Licensing  Procedures,  Report  and  Order,  77  FCC  2d  84  (1980).  In  1983,  the  Commission 
 abolished  individual  licensing  of  subscriber  units  in  the  rural  radio  service  for  which  the  effective  radiated  power  does  not  exceed  60  watts.  See  Public  Mobile  Radio  Services,  Report  and  Order,  95  FCC  2d  769,  828-  29  (1983); 

 47  C.  F.  R.    1.903(  c),  22.3(  b)(  2),  22.703. 
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 station  are  associated  with  the  blanket  authorization  of  that  station,  and  thus  subject  to  that  licensees  exercise  of  effective  operational  control.  61  The  Commission  did  not  abolish  airborne  station  licensing  at 
 that  time  on  the  grounds  that  such  licensees  are  not  subject  to  the  operational  control  of  a  single  carrier  in  the  way  individual  land  mobile  units  are.  62  In  1986,  however,  the  Commission  found  that  the  fact  that 
 no  licensed  common  carrier  exercises  operating  control  over  [airborne  stations]  has  had  little  apparent  effect  on  compliance  with  Commission  rules.  63  The  Commission  noted  that  it  had  received  few 
 complaints  regarding  airborne  stations,  and  that  no  user  license  had  ever  been  revoked  or  subject  to  forfeiture.  64  In  light  of  this  record,  the  Commission  simplified  airborne  station  licensing  by  making 
 licenses  effective  upon  mailing  of  the  application  to  the  Commission  and  eliminating  the  requirement  to  submit  a  letter  of  intent  to  provide  service  from  a  local  wireline  carrier  with  the  form.  65  The  Commission 
 also  eliminated  the  assignment  of  individual  call  signs  and,  instead,  prescribed  that  airborne  stations  identify  themselves  by  the  FAA  registration  number  of  the  aircraft  in  which  they  are  located.  66 

 27.  In  the  16-  year  period  following  the  Commissions  simplification  of  airborne  station  licensing  procedures,  the  Commission  has  received  few  complaints  regarding  such  stations.  We  note  that 
 such  equipment  is  used  to  communicate  with  ground  facilities  that  are  otherwise  licensed  by  the  Commission.  Moreover,  the  requirement  to  file  Form  409  appears  to  impose  an  unnecessary  regulatory 
 burden  on  end  users  because  it  involves  preparation  of  a  form  as  well  as  payment  of  a  $50  fee  for  each  subscriber  unit.  In  view  of  the  foregoing,  we  tentatively  conclude  that  individual  licensing  of  general 
 aviation  airborne  mobile  stations  should  be  eliminated.  We  ask,  however,  whether  there  might  be  any  other  reasons  for  retaining  this  requirement  or  adopting  a  streamlined  version  of  this  requirement  (e.  g.,  the 
 need  for  aircraft  flown  to  other  countries  to  provide  documentation  that  the  airborne  station  is  properly  licensed  in  the  United  States).  If  we  eliminate  licensing  of  individual  airborne  mobile  stations  in  the  Air-Ground 
 Radiotelephone  Service,  we  also  will  eliminate  FCC  Form  409.  67 
 28.  General  eligibility.  Section  22.7  states  in  its  first  sentence:  Except  as  otherwise  provided  in  this  part,  existing  and  proposed  common  carriers  are  eligible  to  hold  authorizations  in  the 

 Public  Mobile  Services.  68  In  order  to  bring  Part  22  licensing  policies  into  conformance  with  wireless  regulatory  parity  policies  and  in  light  of  the  significant  competition  among  PMS  providers,  we  propose  to 
 delete  this  limitation.  As  we  have  stated  in  GN  Docket  No.  93-  252,  the  Commission,  [  p]  ursuant  to  Congressional  mandate,  .  .  .  adopted  changes  to  its  technical,  operational,  and  licensing  rules  for  common 

 61  Individual  Licensing  Procedures,  Notice  of  Proposed  Rulemaking,  44  Fed.  Reg.  58929  (Oct.  12,  1979). 
 62  Id. 
 63  In  the  Matter  of  Amendment  of  Sections  of  Part  22  of  the  Commissions  Rules  to  Simplify  Individual 
 Licensing  Procedures  in  the  Domestic  Public  Air-  Ground  Radiotelephone  Service,  Notice  of  Proposed  Rulemaking,  1986  Westlaw  29201113  (FEDCOM  FCC  library). 

 64  Id.  at  6. 
 65  In  the  Matter  of  Amendment  of  Sections  of  Part  22  of  the  Commissions  Rules  to  Simplify  Individual 
 Licensing  Procedures  in  the  Domestic  Public  Air-  Ground  Radiotelephone  Service,  Report  and  Order,  1  FCC  Rcd  163  (1986). 

 66  See  47  C.  F.  R.    22.313(  c)(  2). 
 67  If  we  eliminate  Form  409,  we  will  delete  references  to  it  in  sections  1.1102  and  1.2003  of  our  rules,  47 
 C.  F.  R.    1.1102,  1.2003. 
 68  47  C.  F.  R.    22.7. 
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 carrier  and  private  mobile  radio  services  that  were  necessary  to  implement  the  statute  and  to  establish  regulatory  symmetry  among  similar  mobile  services.  69  For  example,  in  Part  24,  governing  Personal 
 Communications  Services  (PCS),  we  do  not  limit  license  holders  to  entities  that  already  are  or  plan  to  become  common  carriers.  70  Part  27  also  lacks  such  a  limitation.  71  Rather,  these  Parts  generally  prescribe 
 that  [  a]  ny  entity,  other  than  those  precluded  by  section  310  of  the  Communications  Act  of  1934,  as  amended,  47  U.  S.  C.  310,  .  .  .  is  eligible  to  hold  a  license  under  this  part.  72  We  thus  propose  to  eliminate 
 the  first  sentence  of  section  22.7  and  replace  it  with  similar  language  defining  eligibility  consistent  with  the  requirements  of  Section  310  regarding  foreign  ownership.  73  At  the  same  time,  we  seek  comment 
 regarding  whether  elimination  of  the  common  carrier  eligibility  requirement  in  Part  22  could  have  any  detrimental  effect  for  Part  22  licensees.  In  this  regard,  we  note  that  section  20.9(  a)  74  explicitly  finds  that 
 Part  22  Paging  and  Radiotelephone,  Cellular  Radiotelephone,  Air-  Ground  Radiotelephone  and  Offshore  Radiotelephone  Services  are  CMRS,  the  offering  of  which  is  in  turn  subject  to  various  rights  and 
 responsibilities  set  forth  in  Part  20  of  the  Commissions  rules.  75 
 29.  Definitions.  Section  22.99  defines  certain  terms  used  in  Part  22.  76  The  term  Radio  Common  Carrier  is  defined  as  [  a]  telecommunications  common  carrier  that  provides  radio 

 communications  services  but  is  not  engaged  in  the  business  of  providing  landline  local  exchange  telephone  service.  77  The  term  Wireline  Common  Carrier  is  defined  as  [  a]  telecommunications 
 common  carrier  that  is  also  engaged  in  the  business  of  providing  landline  local  exchange  telephone  service.  78  We  note  that  these  terms  are  no  longer  used  in  Part  22,  and  that  the  distinctions  previously 
 drawn  between  a  radio  common  carrier  and  a  wireline  common  carrier  under  these  rules  are  obsolete.  79  We  therefore  tentatively  conclude  that  these  definitions  should  be  eliminated  from  section  22.99. 

 69  In  the  Matter  of  Implementation  of  Sections  3(  n)  and  332  of  the  Communications  Act    Regulatory 
 Treatment  of  Mobile  Services,  Memorandum  Opinion  and  Order  on  Reconsideration,  15  FCC  Rcd  6341,  6341  1  (2000). 

 70  See  47  C.  F.  R.    24.12. 
 71  See  47  C.  F.  R.    27.12. 
 72  See  47  C.  F.  R.    24.12. 
 73  Likewise,  we  propose  to  eliminate  the  phrase  common  carrier  from  section  22.1(  b),  47  C.  F.  R.   
 22.1(  b).  In  recent  reply  comments  concerning  our  2002  Biennial  Review,  the  American  Mobile  Telecommunications  Association,  Inc.  (AMTA)  recommended  that  we  take  similar  action  to  delete  the  reference 

 to  common  carrier  and  instead  use  the  term  telecommunications  carrier.  Reply  Comments  of  the  American  Mobile  Telecommunications  Association,  Inc.,  WT  Dkt.  No.  02-  310,  at  8-  9  (filed  Nov.  4,  2002).  We  think  that 
 our  proposed  revision  to  section  22.7  achieves  the  same  goal  and  may  provide  even  greater  flexibility. 
 74  47  C.  F.  R.    20.9(  a). 

 75  47  C.  F.  R.  Pt.  20  (Commercial  Mobile  Radio  Services). 
 76  47  C.  F.  R.    22.99. 
 77  Id. 
 78  Id. 
 79  The  distinctions  previously  drawn  between  a  radio  common  carrier  and  a  wireline  common  carrier  under 
 Part  22  date  back  to  1949  when  nearly  all  common  carrier  mobile  allocations  were  separated  into  discrete  bands  for  radio  common  carriers  and  wireline  common  carriers.  This  separate  allocation  scheme  was  eliminated  in  1984.  See 

 (continued.) 
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 30.  In  addition,  section  22.99  sets  forth  a  number  of  definitions  that  incorporate  the  term  common  carrier.  The  items  using  the  common  carrier  term  include  Air-  Ground  Radiotelephone 
 Service,  Cellular  Radiotelephone  Service,  Offshore  Radiotelephone  Service,  Public  Mobile  Services,  and  Rural  Radiotelephone  Service.  In  all  cases,  consistent  with  the  assessment  set  forth  in 
 paragraph  28  above,  we  propose  to  replace  the  term  common  carrier  in  those  definitions  with  the  term  licensee.  We  note  that  we  do  not  propose  to  alter  the  inclusion  of  telecommunications  common 
 carrier  as  a  defined  term  in  section  22.99.  80 
 D.  Licensing  Requirements  and  Procedures 
 31.  Construction  Prior  to  Grant  of  Application.  Section  22.143(  d)(  4)  provides  that  for  any  pre-  grant  construction  or  alteration  that  would  exceed  the  requirements  of  section  17.7,  81  the  licensee 

 must  notify  the  FAA  and  file  a  request  for  antenna  height  clearance  and  obstruction  and  marking  specifications  (FCC  Form  854)  with  the  FCC,  PRB,  Support  Services  Branch,  Gettysburg,  PA  17325.  82 
 We  propose  to  make  an  editorial  correction  to  the  Form  854  filing  location  to  WTB,  Database  Management  Division,  Analysis  and  Development  Branch,  1120  Fairfield  Road,  Gettysburg,  PA  17325. 
 We  also  propose  to  amend  section  22.143(  d)(  4)  to  specify  that  Form  854  may  be  filed  electronically  by  accessing  the  FCCs  Antenna  Structure  Registration  home  page  at  wireless.  fcc.  gov/  antenna/. 

 32.  Computation  of  Distance.  Section  22.157  provides  the  method  for  computing  the  distance  between  two  locations,  except  for  stations  in  Canada  and  Mexico,  which  must  be  computed 
 under  the  applicable  international  agreement,  if  any.  83  Section  22.157  requires  that  the  result  of  a  distance  calculation  be  rounded  to  the  nearest  whole  kilometer.  84  By  contrast,  section  90.309(  a)(  1)  of  our  rules 
 (the  distance  calculation  rule  under  Subpart  L  of  Part  90  for  Private  Mobile  Services  authorized  in  the  470-  512  MHz  band)  85  incorporates  the  calculation  method  from  section  73.611  (the  Broadcast  TV 
 distance  calculation  rule).  Section  73.611(  d),  in  turn,  incorporates  the  calculation  method  from  section  73.208(  c)  (the  FM  Broadcast  Station  distance  calculation  rule),  but  provides  that  the  result  of  that 
 calculation  shall  be  rounded  to  the  nearest  0.1  kilometer.  The  section  73.208(  c)  and  section  22.157  calculation  methods  are  identical.  Parts  20,  21,  24,  27,  80,  87,  95,  97  and  101,  and  other  Subparts  of  Part 
 90  currently  do  not  specify  a  distance  calculation  method. 
 33.  Applying  a  single  distance  calculation  method  to  all  Wireless  Radio  Services  should  provide  regulatory  certainty  and  consistency  to  service  providers  licensed  under  these  rule  parts.  We 

 therefore  tentatively  conclude  that  section  22.157  should  be  recodified  to  Part  1,  Subpart  F,  as  new 
 (Continued  from  previous  page)  In  the  Matter  of  Elimination  of  the  Separate  Frequency  Allocation  Structure  in  the  Public  Land  Mobile  Service 

 (Rules  Section  22.501);  In  the  Matter  of  Revision  and  Update  of  Part  22  of  the  Public  Mobile  Radio  Service  Rules,  Report  and  Order  and  Order  on  Reconsideration,  99  FCC  2d  311,  317  (1984). 
 80  We  also  propose  to  make  an  editorial  correction  to  the  definitions  for  the  terms  Communications 
 channel,  Control  channel,  and  Ground  station  in  section  22.99  to  change  Air-  ground  Radiotelephone  Service  to  Air-  Ground  Radiotelephone  Service.  Id. 

 81  47  C.  F.  R.    17.7  (antenna  structures  requiring  notification  to  the  FAA). 
 82  47  C.  F.  R.    22.143(  d)(  4). 
 83  47  C.  F.  R.    22.157. 
 84  Id. 
 85  47  C.  F.  R.    90.309(  a)(  1). 
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 section  1.958,  and  that  the  reference  to  section  73.611  in  section  90.309(  a)(  1)  should  be  deleted  and  replaced  by  a  reference  to  new  section  1.958.  The  recodification  of  section  22.157  to  Part  1,  Subpart  F, 
 will  make  this  distance  calculation  method  applicable  to  all  Wireless  Radio  Services  described  in  Parts  1  (except  Parts  21  and  101  as  explained  below),  20,  22,  24,  27,  80,  87,  90,  95,  and  97,  86  and  supersede  any 
 conflicting  regulations  in  these  Parts.  87  We  note  that  software  used  by  the  Commission  to  process  applications  for  Parts  21  (Domestic  Public  Fixed  Radio  Services)  and  101  (Fixed  Microwave  Services)  is 
 programmed  to  round  the  result  of  a  distance  calculation  to  the  nearest  tenth  of  a  kilometer.  We  therefore  tentatively  conclude  that  new  section  1.958  should  state  that  the  result  of  a  distance  calculation  under 
 Parts  21  and  101  must  be  rounded  to  the  nearest  tenth  of  a  kilometer. 
 34.  Computation  of  Terrain  Elevation.  Section  22.159  sets  forth  the  method  for  computation  of  average  terrain  elevation  for  Part  22  services.  88  Section  22.159  requires  terrain  elevations  to  be 

 calculated  as  specified,  except  that  in  cases  of  dispute,  manual  methods  may  also  be  used.  89  Section  90.309(  a)(  4)  sets  forth  the  method  for  computation  of  average  terrain  elevation  for  Part  90  services  in  the 
 470-  512  MHz  band.  Parts  20,  21,  24,  27,  80,  87,  95,  97,  and  101  generally  do  not  specify  a  terrain  elevation  calculation  method.  90  We  propose  to  recodify  section  22.159  to  Part  1,  Subpart  F,  as  new 
 section  1.959.  91  We  also  propose  to  retain  the  section  90.309(  a)(  4)  method  for  computation  of  average  terrain  elevation,  which  is  unique  to  the  licensing  of  the  470-  512  MHz  band  under  Part  90,  92  and  cross 
 reference  it  in  new  section  1.959.  The  recodification  of  section  22.159  to  Part  1,  Subpart  F,  will  make  this  terrain  elevation  calculation  method  applicable  to  all  Wireless  Radio  Services  described  in  Parts  1, 
 20,  22,  24,  27,  80,  87,  90  (except  the  470-  512  MHz  band),  95,  97  and  101,  93  and  supersede  any  conflicting  regulations  in  these  Parts.  94 

 86  See  47  C.  F.  R.    1.901. 
 87  See  47  C.  F.  R.    1.902. 
 88  47  C.  F.  R.    22.159. 
 89  Id. 
 90  Parts  20,  21,  87,  95  and  97  have  no  height  above  average  terrain  (  HAAT)  rules.  Section  24.53,  47 
 C.  F.  R.    24.53,  is  generally  the  same  as  section  22.159.  Part  27  defines  "average  terrain  elevation"  in  section  27.4,  47  C.  F.  R.    27.4,  and  uses  HAAT  in  27.50,  47  C.  F.  R.    27.50,  but  does  not  specify  how  to  calculate  it. 

 Section  80.757,  47  C.  F.  R.    80.757,  provides  that  both  methods  may  be  used.  Section  80.759,  47  C.  F.  R.    80.759,  provides  details  of  the  manual  method.  Part  101  refers  to  "AAT"  in  sections  101.105  and  101.333,  47 
 C.  F.  R.    101.105  and  101.333,  but  does  not  specify  how  it  shall  be  calculated. 
 91  RadioSoft  filed  comments  concerning  our  2002  Biennial  Review  urging  the  Commission  to  adopt  a 
 single  standard  for  all  services  subject  to  HAAT  analysis  above  30  MHz.  Comments  of  RadioSoft,  WT  Dkt.  No.  02-  310,  at  1  (filed  Oct.  18,  2002).  This  proposal  partially  responds  to  RadioSofts  proposal  by  seeking  to 

 consolidate  and  make  uniform  the  procedures  for  HAAT  calculation  for  wireless  services  to  the  extent  possible. 
 92  Distinct  rules  are  imposed  for  470-  512  MHz  licensing  because  of  the  unique  issues  raised  by  this  band 
 regarding  land  mobile  and  UHF  TV  station  operation.  The  specific  instructions  relate  to  construction  of  radials  in  connection  with  coordination  with  co-  channel  and  adjacent  channel  UHF  TV  stations. 

 93  See  47  C.  F.  R.    1.901. 
 94  See  47  C.  F.  R.    1.902. 
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 35.  ASSB.  Section  22.161  sets  forth  application  requirements  for  base  stations  in  the  Paging  and  Radiotelephone  Service,  Rural  Radiotelephone  Service,  and  Offshore  Radiotelephone  Service  for 
 which  the  applicant  proposes  to  employ  amplitude  compandored  single  sideband  modulation  (ASSB).  95  This  rule  section  appears  to  be  obsolete  in  light  of  section  22.357,  which  permits  Part  22  licensees  to  use 
 any  emission  type  that  complies  with  applicable  emission  limits.  96  Under  section  22.357,  Part  22  licensees  may  change  emission  types  without  seeking  prior  approval.  97  We  tentatively  conclude  that 
 section  22.161  should  be  eliminated.  98 
 E.  Operational  and  Technical  Requirements 
 36.  Channel  Assignment  Policy.  Section  22.351  sets  forth  the  general  policy  for  the  assignment  of  PMS  channels.  99  The  third  sentence  of  this  section  uses  the  term  common  carrier.  100 

 Consistent  with  the  approach  taken  above,  101  we  propose  to  replace  the  term  common  carrier  with  the  term  licensee. 

 37.  Interference  Protection.  Section  22.352  provides,  in  pertinent  part,  that  PMS  licensees  shall  be  considered  non-  interfering  if  they  operate  in  accordance  with  FCC  rules  that  provide  technical 
 channel  assignment  criteria  for  the  radio  service  or  channels  involved,  all  other  applicable  FCC  rules,  and  the  terms  and  conditions  of  their  authorizations  .  .  .  .  102  This  rule  helps  to  alleviate  the  administrative 
 burden  on  the  Commission  of  resolving  interference  complaints  by  creating  a  presumption  that  operations  consistent  with  our  rules  and  the  applicable  authorization  are  non-  interfering.  We  tentatively  conclude 
 that  this  provision  in  the  rule  section  can  be  streamlined  to  provide  that  PMS  stations  operating  in  accordance  with  applicable  FCC  rules  and  the  terms  and  conditions  of  their  authorizations  are  normally 
 considered  to  be  non-  interfering  without  sacrificing  any  element  of  the  Commissions  intent  in  adopting  this  rule.  References  to  technical  channel  assignment  rules  are  most  relevant  to  site-  by-  site  licenses,  and 
 by  abbreviating  the  explicit  language,  we  make  clear  that  operation  consistent  with  Commission  rules  and  the  applicable  authorization  whether  on  a  site-  by-  site  basis  or  on  a  geographic  area  basis  creates  a 
 presumption  of  non-  interfering  operation.  We  note  that  the  Commission  has  relied  in  recent  years  on  a  system  of  voluntary  cooperation  and  coordination  between  licensees,  which  has  proven  very  successful  in 
 addressing  interference  concerns.  We  note  that  the  proposed  amendment  would  result  in  a  rule  that  more  accurately  reflects  how  the  Commission  currently  addresses  interference  issues. 

 38.  Emission  Types  and  Emission  Masks.  An  emission  mask  is  defined  as  [  t]  he  design  limits  imposed,  as  a  condition  or  certification,  on  the  mean  power  of  emissions  as  a  function  of  frequency 
 95  47  C.  F.  R.    22.161. 
 96  47  C.  F.  R.    22.357. 
 97  Id. 
 98  If  we  eliminate  section  22.161,  we  also  would  eliminate  the  reference  to  this  section  in  the  definition  of 
 Channel  in  section  22.99.  See  47  C.  F.  R.    22.99. 
 99  47  C.  F.  R.    22.351. 

 100  This  sentence  provides:  Except  as  otherwise  provided  in  this  part,  each  channel  or  channel  block  is 
 assigned  exclusively  to  one  common  carrier  in  each  service  area.  47  C.  F.  R.    22.351. 
 101  See  para.  28,  supra. 

 102  47  C.  F.  R.    22.352. 
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 both  within  the  authorized  bandwidth  and  in  the  adjacent  spectrum.  103  Section  22.357  provides  that  any  authorized  PMS  station  may  use  any  type  of  emission  provided  that  it  complies  with  the  appropriate 
 emission  mask.  Section  22.359  is  the  general  emission  mask  rule.  104  Section  22.861  is  the  emission  limitations  and  mask  rule  for  the  air-  ground  radiotelephone  service.  At  the  time  the  Commission  adopted 
 the  Part  22  rules,  it  generally  used  the  emission  mask  approach  to  regulate  in-  band  energy  distribution.  Recently,  however,  the  Commission  has  been  decreasing  its  reliance  on  the  use  of  emission  masks  as  a 
 means  to  limit  interference  and,  instead,  increased  its  reliance  on  the  use  of  out-  of-  band  emission  (OOBE)  limits.  105  OOBE  limits  are  intended  to  limit  emissions  outside  of  the  authorized  bandwidth.  106  We  note 
 that  in  the  Cellular  Biennial  Review  proceeding,  the  Commission  recently  amended  sections  22.917  and  24.238  to  specify  OOBE  limits  for  cellular  and  broadband  PCS,  respectively.  107  We  seek  comment  on 
 possible  revision  or  elimination  of  sections  22.357,  22.359,  and  22.861  in  light  of  the  trend  towards  use  of  OOBE  limits.  We  also  seek  comment  on  whether  we  should  adopt  OOBE  limits  for  the  Part  22  services 
 that  are  the  subject  of  this  proceeding. 
 39.  Standby  Facilities.  Section  22.361  permits  PMS  licensees  to  install  standby  transmitters,  without  separate  authorization,  to  continue  service  in  the  event  of  transmitter  failure  or  during  transmitter 

 maintenance.  108  We  believe  that  it  is  now  universally  understood  in  the  wireless  industry  that  licensees  are  not  required  to  obtain  a  separate  authorization  to  install  standby  transmitters.  We  therefore  tentatively 
 conclude  that  section  22.361  should  be  eliminated. 
 40.  Directional  Antennas.  Section  22.363  and  Table  C-  2  to  section  22.361  set  forth  directional  antenna  technical  requirements.  109  These  requirements  were  adopted  at  a  time  when  the 

 Commission  generally  considered  fixed  wireless  operations  to  be  secondary  to  mobile  operations.  These  regulations  appear  to  be  no  longer  necessary  because,  when  the  Commission  licenses  spectrum  today,  it 
 provides  greater  flexibility  to  licensees  to  use  the  spectrum  for  mobile  or  fixed  operations.  Accordingly,  we  tentatively  conclude  that  section  22.363  and  Table  C-  2  to  section  22.361  should  be  eliminated. 

 41.  Wave  Polarization.  Section  22.367  sets  forth  polarization  requirements  for  the  electromagnetic  waves  radiated  by  PMS  providers.  110  Section  22.367  specifies  when  vertical,  horizontal, 
 or  circular  polarization  may  be  used  for  Part  22  Services.  In  todays  regulatory  environment,  where  we 
 103  47  C.  F.  R.    22.99. 
 104  47  C.  F.  R.    22.359. 
 105  See,  e.  g.,  47  C.  F.  R.    27.53(  a)(  10)  (Wireless  Communications  Services  OOBE  limits). 
 106  OOBE  interference  results  from  emissions  on  frequencies  outside  a  licensee's  authorized  band  that  fall 
 within  the  passband  of  an  adjacent  licensee's  receiver(  s).  A  passband  is  the  range  of  frequencies  within  which  fall  the  desired  signals  (i.  e.,  the  signals  intended  to  be  received  by  the  receiver).  OOBE  interference  cannot  be 

 mitigated  through  receiver  filtering,  and  differs  from  the  type  of  adjacent  channel  interference  that  results  from  emissions  that  are  contained  within  a  licensee's  authorized  band,  but  fall  just  outside  the  passband  of  an  adjacent 
 licensee's  receiver(  s). 
 107  Cellular  Year  2000  Biennial  Report  and  Order  at  46.  An  OOBE  standard  reflects  the  reduction  in 
 out-  of-  band  energy  at  the  transmitter. 
 108  47  C.  F.  R.    22.361. 

 109  47  C.  F.  R.    22.363;  47  C.  F.  R.    22.361,  Table  C-  2. 
 110  47  C.  F.  R.    22.367. 
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 allow  fixed  and  mobile  services  to  operate  on  a  co-  channel  basis,  the  polarization  restrictions  may  no  longer  be  necessary  or  effective  in  reducing  interference.  We  note  that  other  providers  of  commercial 
 mobile  radio  service,  such  as  PCS  and  SMR  providers,  are  not  subject  to  a  wave  polarization  requirement.  We  also  note  that  the  Commission  recently  eliminated  the  vertical  wave  polarization  requirement  for 
 base,  mobile,  and  auxiliary  test  transmitters  in  the  Cellular  Radiotelephone  Service  (former  section  22.367(  a)(  4)).  111  In  doing  so,  the  Commission  reasoned  that  allowing  cellular  carriers  to  deploy  non-vertically 
 polarized  antennas  would  promote  regulatory  parity  and  flexibility.  112  We  seek  comment  on  eliminating  section  22.367. 

 42.  Access  to  Transmitters.  Section  22.373  generally  requires  PMS  transmitters  to  be  accessible  only  to  persons  authorized  by  the  licensee.  113  This  rule  appears  unnecessary  because  licensees 
 have  an  economic  self-  interest  to  safeguard  their  transmitters  from  unauthorized  access  and  because  unauthorized  access  to  transmitters  can  be  limited  pursuant  to  state  and  local  trespass  laws.  We  therefore 
 tentatively  conclude  that  section  22.373  should  be  eliminated. 
 43.  Replacement  of  Equipment.  Section  22.379  permits  PMS  licensees  to  replace  equipment  without  notifying  the  FCC,  provided  that  such  equipment  meets  certain  technical  requirements.  114  In  the 

 past,  PMS  licensees  had  to  file  an  application  with  the  Commission  to  deploy  replacement  equipment.  Section  22.379,  adopted  in  1994,  115  was  intended  to  advise  the  public  that  such  applications  were  no 
 longer  required  provided  that  certain  technical  requirements  were  met.  We  believe  that  it  is  now  universally  understood  in  the  wireless  industry  that  licensees  are  not  required  to  file  an  application  in 
 order  to  deploy  replacement  equipment,  provided  that  such  equipment  meets  the  technical  requirements  for  the  service  involved.  We  therefore  tentatively  conclude  that  section  22.379  should  be  eliminated. 

 44.  Auxiliary  Test  Transmitters.  Section  22.381  limits  the  use  of  auxiliary  test  transmitters  to  testing  the  performance  of  fixed  receiving  equipment  located  remotely  from  the  control  point.  116  Section 
 22.381  further  provides  that  such  transmitters  may  only  transmit  on  channels  designated  for  mobile  transmitters.  117  We  are  aware  of  no  harm  that  would  arise  from  operating  auxiliary  test  transmitters  on 
 any  authorized  channel,  whether  base  or  mobile.  Section  22.381  appears  unnecessarily  to  restrict  the  use  of  test  equipment,  and  we  therefore  tentatively  conclude  that  it  should  be  eliminated.  118 

 45.  In-  building  Radiation  Systems.  Section  22.99  defines  in-  building  radiation  systems  as  [  s]  upplementary  systems  comprising  low  power  transmitters,  receivers,  indoor  antennas  and/  or  leaky 
 coaxial  cable  radiators,  designed  to  improve  service  reliability  inside  buildings  or  structures  located 
 111  Cellular  Year  2000  Biennial  Report  and  Order  at  48. 
 112  Id.  at  49. 
 113  47  C.  F.  R.    22.373. 
 114  47  C.  F.  R.    22.379. 
 115  See  Revision  of  Part  22  of  the  Commission's  Rules  Governing  the  Public  Mobile  Services,  Report  and 
 Order,  9  FCC  Rcd  6513  (1994). 
 116  47  C.  F.  R.    22.381. 

 117  Id. 
 118  We  also  seek  comment  on  transmission  power  limits  for  auxiliary  test  transmitters.  See  para.  61, 
 infra. 
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 within  the  service  areas  of  stations  in  the  Public  Mobile  Services.  119  Section  22.383  provides  that  PMS  licensees  may  install  in-  building  radiation  systems,  without  prior  FCC  approval,  within  their  protected 
 service  area.  120  Section  22.352(  c)(  7),  which  contains  a  cross  reference  to  section  22.383,  provides  that  no  interference  protection  is  afforded  to  in-  building  radiation  systems.  121  In-  building  radiation  systems 
 are  exempted  from  FAA  notification  under  section  17.14(  a)  122  and,  under  section  22.377,  transmitters  used  with  in-  building  radiation  systems  must  be  certificated  for  use  in  the  radio  services  regulated  under 
 Part  22.  123  We  believe  that  it  is  now  universally  understood  in  the  wireless  industry  that  PMS  licensees  may  operate  in-  building  radiation  systems  within  their  licensed  geographic  areas  without  prior  FCC 
 approval.  In  view  of  the  foregoing,  we  tentatively  conclude  that  section  22.383  should  be  eliminated  and  that  the  cross  reference  to  this  section  in  section  22.352(  c)(  7)  should  be  eliminated. 

 F.  Developmental  Authorizations 
 46.  Developmental  Authorizations.  Part  22,  Subpart  D  which  includes  sections  22.401,  22.403,  22.409,  22.411,  22.413,  22.415  and  22.417  governs  grant  of  developmental  authorizations  in 

 the  PMS.  124  A  review  of  Commission  records  indicates  that  these  rules  are  seldom  used  and,  instead,  parties  frequently  file  waiver  requests  that  are  tantamount  to  requests  for  developmental  authorizations. 
 We  seek  comment  regarding  how  any  of  our  Part  22  rules  governing  developmental  authorizations  can  be  improved  and  whether  certain  of  these  rules  should  be  eliminated. 

 47.  Developmental  Authorization  of  43  MHz  Paging  Transmitters.  Sections  22.411  and  22.531(  a)  provide  that  43  MHz  channels  can  be  initially  assigned  only  as  developmental  authorizations.  125 
 The  requirements  of  sections  22.411  and  22.531(  a)  are  intended  to  mitigate  interference  with  the  intermediate  frequency  stages  of  receivers  in  television  sets  and  video  recorders.  We  note  that,  in  recent 
 years,  there  have  been  significant  technical  improvements  in  television  and  video  recorder  receivers.  We  seek  comment  on  whether  such  technical  improvements  obviate  the  need  for  the  requirements  of  sections 
 22.411  and  22.531(  a).  If  the  record  in  this  proceeding  demonstrates  that  sections  22.411  and  22.531(  a)  are  no  longer  required,  we  intend  to  eliminate  these  rules. 

 48.  Developmental  Authorization  of  928-  960  MHz  Fixed  Transmitters.  Section  22.415  provides  that  channels  in  the  928-  931  and  952-  960  MHz  ranges  may  be  assigned  to  fixed  transmitters  in 
 point-  to-  multipoint  systems  at  short-  spaced  locations  (i.  e.,  those  that  do  not  meet  the  70-  mile  separation  requirement  of  section  22.625(  a)).  126  Section  22.625(  a)  governs  where  transmitters  may  be  located  on  the 
 channels  listed  in  section  22.621.  127  In  the  Multiple  Address  Systems  Order,  the  Commission  amended 
 119  47  C.  F.  R.    22.99. 
 120  47  C.  F.  R.    22.383. 
 121  47  C.  F.  R.    22.352(  c)(  7). 
 122  47  C.  F.  R.    17.14(  a). 
 123  47  C.  F.  R.    22.377. 
 124  47  C.  F.  R.  Pt.  22,  Subpt.  D. 
 125  47  C.  F.  R.    22.411,  22.531(  a). 
 126  47  C.  F.  R.    22.415. 
 127  47  C.  F.  R.    22.625(  a),  22.621. 
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 section  22.621  to  prohibit  the  issuance  of  new  licenses  for  any  900  MHz  frequencies  listed  in  that  section.  128  The  Commission  therefore  cannot  issue  any  developmental  authorizations  under  section 
 22.415  for  these  channels  unless  it  waives  the  licensing  prohibition  of  section  22.621.  We  therefore  tentatively  conclude  that  section  22.415  should  be  eliminated.  We  also  tentatively  conclude  that  section 
 22.625(  a)  should  be  revised  by  eliminating  all  text  following  the  first  sentence.  The  text  we  propose  to  eliminate  pertains  to  short-  spaced  developmental  authorizations  under  section  22.415,  and  thus  would  no 
 longer  be  necessary  if  we  adopt  our  proposal  to  eliminate  section  22.415. 
 49.  Developmental  Authorization  of  Meteor  Burst  Systems.  Section  22.417  provides  that  Rural  Radiotelephone  Service  (RRS)  central  office  and  rural  subscriber  stations  in  Alaska  may  use 

 meteor  burst  propagation  modes.  129  Meteor  burst  systems  bounce  radio  signals  off  the  ionized  trails  of  evaporating  space  rocks  to  receivers  up  to  1,000  miles  away.  Meteor  burst  technology,  however,  only 
 works  in  brief  spurts  because  a  typical  meteor  trail  has  an  average  duration  of  a  few  hundred  milliseconds,  while  wait  times  between  suitable  trails  can  range  from  a  few  seconds  to  minutes.  As  such,  the 
 technology  is  well-  suited  for  bursty  data  transmissions  but  not  suitable  for  a  continuous  voice  call.  Section  22.725(  c)  provides  that  channels  42.40,  44.10,  44.20  and  45.90  MHz  may  be  used  for  such 
 purposes  in  Alaska.  130  Section  22.729  governs  station  operations  using  meteor  burst  propagation  modes  on  these  channels.  131  Commission  records  indicate  that  there  are  no  Part  22  licensees  on  these  channels  in 
 Alaska.  132  The  44.20  MHz  channel,  moreover,  is  only  available  under  Part  22  on  a  secondary  basis  to  operations  authorized  under  Part  90.  133  Finally,  as  a  practical  matter  and  as  noted  above,  meteor  burst 
 propagation  cannot  be  used  to  transmit  voice  calls,  which  is  at  the  core  of  the  RRS. 
 50.  In  view  of  the  foregoing,  we  ask  whether  sections  22.417,  22.725(  c),  and  22.729  should  be  eliminated.  We  note  that  if  these  sections  were  deleted,  it  would  no  longer  be  possible  for  entities  to 

 apply  for  a  license  to  use  meteor  burst  propagation  mode  in  the  RRS.  134  We  seek  comment  whether  we  should  retain  these  rule  sections  in  order  to  maintain  this  licensing  option  for  RRS  licenses  or  whether  we 
 should  delete  these  rule  sections  in  light  of  the  apparent  inappropriateness  of  this  technology  for  the  RRS.  (If  these  rule  sections  are  eliminated,  we  intend  to  delete  the  definition  of  meteor  burst  propagation 
 mode  in  section  22.99,  135  the  section  22.313(  a)(  3)  station  identification  requirements  for  Rural 

 128  In  the  Matter  of  Amendment  of  the  Commission's  Rules  Regarding  Multiple  Address  Systems,  Report 
 and  Order,  15  FCC  Rcd.  11,956  (2000)  (Multiple  Address  Systems  Order),  corrected  by  Amendment  of  Commission's  Rules  Regarding  Multiple  Address  Systems,  Erratum,  15  FCC  Rcd  16415  (WTB,  PSPWD  2000). 

 129  47  C.  F.  R.    22.417. 
 130  47  C.  F.  R.    22.725(  c). 
 131  47  C.  F.  R.    22.729. 
 132  We  note  that  meteor  burst  propagation  may  also  be  used  in  Alaska  by  licensees  under  Part  90  of  our 
 rules  and  there  are  operational  systems  under  this  rule  part.  47  C.  F.  R.    90.250. 
 133  See  47  C.  F.  R.    22.729(  a). 

 134  Commercially  reliable  transmission  using  meteor  burst  propagation  requires:  a  frequency  in  the  low 
 VHF  range  (30-  50  MHz);  high  transmit  power;  and  transmission  of  messages  in  relatively  short  intervals. 
 135  47  C.  F.  R.    22.99. 
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 Radiotelephone  Service  subscriber  stations  using  meteor  burst  propagation,  136  and  the  section  22.727(  f)  limits  on  transmitter  output  power  for  meteor  burst  stations.  137  ) 
 G.  Paging  and  Radiotelephone  Service  Rules 
 51.  Composite  Interference  Contour  Over  Water.  Under  section  1.929(  c)(  1),  any  increase  in  the  composite  interference  contour  (CIC)  138  of  a  site-  based  licensee  in  the  Paging  and  Radiotelephone 

 Service,  Rural  Radiotelephone  Service,  or  800  MHz  Specialized  Mobile  Radio  Service  is  a  major  modification  of  license  that  requires  prior  Commission  approval.  139  On  March  15,  2001,  the  Wireless 
 Telecommunications  Bureau  released  a  Public  Notice  in  which  it  sought  comment  on  a  Request  for  Rule  Change  (Request)  filed  by  the  Personal  Communications  Industry  Association  (PCIA).  In  its  Request, 
 PCIA  sought  amendment  of  section  1.929(  c)(  1)  to  treat  as  minor  modifications  those  expansions  of  paging  CICs  that  occur  solely  (1)  beyond  the  land  border  of  the  United  States  or  (2)  over  large  bodies  of 
 water  (oceans,  gulfs,  sounds,  bays,  and  the  Great  Lakes,  but  not  rivers).  In  its  Request,  PCIA  argued  that  a  significant  number  of  paging  licensees  have  considered  all  extensions  over  water  to  be  minor  and  have 
 not  filed  major  modification  applications  for  such  extensions.  PCIAs  Request  was  precipitated  by  the  Rinker  decision,  which  concluded  that  any  CIC  increase,  including  an  extension  over  water,  should  be 
 treated  as  a  major  filing  under  section  1.929(  c)(  1).  140  PCIA  claimed  that  the  Rinker  decision  has  caused  uncertainty  about  whether  prior  expansions  over  water  that  licensees  implemented  on  a  permissive  basis 
 are  in  compliance  with  Commission  rules,  and  about  what  procedures  should  apply  to  similar  future  expansions.  In  that  same  Public  Notice,  the  Bureau  conditionally  waived  section  1.929(  c)(  1)  to  permit 
 expansion  of  paging  CICs  over  water  on  a  secondary  basis  while  PCIAs  Request  was  pending.  141 

 136  47  C.  F.  R.    22.313(  a)(  3). 
 137  47  C.  F.  R.    22.727(  f). 
 138  A  CIC  connects  the  outermost  points  of  the  intersecting  interference  contours  for  the  base  stations  in  a 
 radio  system.  However,  an  incumbent's  valid  CIC  does  not  include  areas  surrounded  by  the  composite  interior  contour  that  are  not  part  of  the  interference  contours  of  the  incumbent's  individual  sites.  See  Revision  of  Part  22 

 and  Part  90  of  the  Commission's  Rules  to  Facilitate  Future  Development  of  Paging  Systems  and  Implementation  of  Section  309(  j)  of  the  Communications  Act  -  Competitive  Bidding,  Memorandum  Opinion  and  Order  on 
 Reconsideration  and  Third  Report  and  Order,  14  FCC  Rcd  10030,  10055  35  (1999). 
 139  47  C.  F.  R.    1.929(  c)(  1).  Section  1.947(  a)  states,  All  major  modifications,  as  described  in  section 
 1.929  of  this  part,  require  prior  Commission  approval.  Applications  for  major  modifications  also  shall  be  treated  as  new  applications  for  determination  of  filing  date,  Public  Notice,  and  petition  to  deny  purposes.  47  C.  F.  R.   

 1.947(  a).  Licensees  may  make  minor  modifications  to  station  authorizations  (as  defined  in  Section  1.929),  as  a  matter  of  right,  without  prior  Commission  approval.  47  C.  F.  R.    1.947(  b). 

 140  See  Karl  A.  Rinker,  d/  b/  a  Rinkers  Communications,  Request  for  Declaratory  Ruling,  14  FCC  Rcd 
 19546  (WTB,  CWD  1999)  (Rinker).  Rinker  sought  a  declaratory  ruling  as  to  whether  contour  extensions  over  the  Atlantic  Ocean  are  major  or  minor  modifications.  The  Rinker  decision  denied  Rinkers  request  on  the  grounds 

 that  it  was  effectively  asking  for  a  rule  change  and  was  not  properly  the  subject  of  a  declaratory  ruling. 
 141  Wireless  Telecommunications  Bureau  Seeks  Comment  On  Request  For  Rule  Change  And  Conditionally 
 Waives  Section  1.929(  C)(  1)  To  Permit  Expansion  Of  Paging  Contours  Over  Water  On  A  Secondary  Basis,  Public  Notice,  DA  01-  688  (rel.  Mar.  15,  2001).  The  Bureau  noted  that  CIC  expansions  solely  over  water  should  pose  no 

 risk  of  interference  to  other  systems  on  land,  and  that  processing  such  applications  as  major  modifications  would  be  a  significant  burden  on  both  licensees  and  the  Bureau.  The  Bureau  attached  several  conditions  to  the  conditional 
 waiver. 
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 52.  No  comments  were  filed  in  response  to  PCIAs  Request.  Commission  records  indicate  that  we  have  not  received  any  interference  complaints  arising  from  the  conditional  waiver  of  section 
 1.929(  c)(  1).  In  view  of  the  foregoing  and  in  light  of  the  competitive  provision  of  PMS,  we  tentatively  conclude  that  section  1.929(  c)(  1)  should  be  amended  to  specify  that  expansion  of  the  CIC  of  a  site-  based 
 licensee  in  the  Paging  and  Radiotelephone  Service  as  well  as  the  Rural  Radiotelephone  Service  and  800  MHz  Specialized  Mobile  Radio  Service  over  water,  on  a  secondary,  non-  interference  basis  to  any 
 geographic  area  licensee  in  the  same  area,  is  not  a  major  modification  of  license.  We  also  tentatively  conclude  that  the  term  over  water  should  be  defined  as  over  bodies  of  water  that  extend  beyond  county 
 boundaries  including,  but  not  limited  to,  oceans,  the  Gulf  of  Mexico,  and  the  Great  Lakes.  We  note  that,  under  this  proposal,  any  site-  based  licensee  in  these  three  services  that  seeks  a  CIC  expansion  over  land 
 must  continue  to  obtain  prior  Commission  approval.  In  addition,  if  a  CIC  expansion  over  water  requires  frequency  coordination  pursuant  to  international  treaty  or  agreement,  then  such  an  extension  would  be 
 classified  as  major  under  section  1.929(  a)(  5)  and  require  prior  Commission  approval.  142 
 53.  We  further  propose  that  a  site-  based  licensee  expanding  its  CIC  over  water  as  defined  above  could  do  so  on  a  permissive  basis,  with  no  notification  to  the  Commission  required.  At  the  same 

 time,  however,  we  believe  that  the  incumbent  licensee  in  the  same  geographic  area  should  have  technical  and  engineering  information  regarding  the  site-  based  licensees  operations  over  water  in  order  to  guard 
 against  unacceptable  interference  to  its  own  operations.  Accordingly,  we  propose  that  the  site-  based  licensee  be  required  to  provide  to  the  geographic  area  licensee  on  the  same  frequency  the  technical  and 
 engineering  information  necessary  for  the  latter  entity  to  understand  and  evaluate  the  site-  based  licensees  operations  over  water.  We  request  comment  on  the  contents  of  such  notification,  the  timing  of  making 
 such  a  notification,  whether  such  a  requirement  is  necessary  or  excessively  burdensome,  and  whether,  instead,  any  filing  with  the  Commission  should  be  required. 

 54.  If  we  were  to  require  a  Commission  filing,  we  point  out  that  section  22.503(  f)  provides  that  [  d]  uring  the  term  of  a  paging  geographic  area  authorization,  the  FCC  does  not  accept,  from  anyone 
 other  than  the  paging  geographic  area  licensee,  any  major  application  for  authorization  to  operate  a  facility  that  would  serve  unserved  area  within  the  paging  geographic  area  specified  in  that  paging 
 geographic  area  authorization,  on  the  channel  specified  in  that  paging  geographic  area  authorization,  unless  any  extension  of  the  interfering  contour  of  the  proposed  facility  falls:  (1)  Within  the  composite 
 interfering  contour  of  another  licensee;  or,  (2)  Into  unserved  area  and  the  paging  geographic  area  licensee  consents  to  such  extension.  143  (Part  90  applicants  should  be  aware  of  and  seek  possible  waiver  of  similar 
 restrictions  that  may  be  applicable  to  them.)  If  we  were  to  require  a  Commission  filing,  site-  based  licensees  in  the  Paging  and  Radiotelephone  Service  would  have  to  request  a  waiver  of  this  rule  (to  the 
 extent  applicable)  to  file  such  an  application.  Such  waiver  requests,  however,  would  pose  an  unnecessary  burden  for  licensees  as  well  as  FCC  staff.  We  therefore  tentatively  conclude  that,  if  we  require  any 
 Commission  filing  regarding  an  expansion  of  CIC  over  water,  section  22.503(  f)  should  be  revised  to  permit  the  filing  of  such  applications.  We  believe  that  such  a  narrow  exception  to  22.503(  f),  if  adopted, 
 would  not  undermine  the  policy  underlying  this  rule  to  protect  the  exclusive  right  of  the  geographic  licensee  to  expand  within  the  defined  service  area.  144 

 142  47  C.  F.  R.    1.929(  a)(  5). 
 143  47  C.  F.  R.    22.503(  f). 
 144  See  In  The  Matter  of  Revision  of  Part  22  and  Part  90  of  the  Commission's  Rules  to  Facilitate  Future 
 Development  of  Paging  Systems,  Implementation  of  Section  309(  j)  of  the  Communications  Act    Competitive  Bidding,  Second  Report  and  Order  and  Further  Notice  of  Proposed  Rulemaking,  12  FCC  Rcd  2732,  2764  57 

 (1997). 
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 55.  Finally,  we  seek  comment  on  whether  extensions  over  water  are  an  issue  in  any  of  our  other  wireless  services  and  whether  we  should  revise  our  rules  to  address  any  such  circumstances. 
 56.  Nationwide  Network  Paging  Channels.  Section  22.531(  b)  provides  that  frequencies  931.8875,  931.9125,  and  931.9375  MHz  may  only  be  used  for  nationwide  network  paging  service.  145 
 Section  22.551  specifies  the  application  process  for  such  channels  in  the  event  one  should  become  available  for  licensing,  and  provides  additional  rules  for  nationwide  network  paging  service.  146  We  have 
 licensed  three  nationwide  paging  providers  pursuant  to  these  rules.  In  light  of  our  policy  to  facilitate  flexible  service  offerings,  147  our  attempts  to  achieve  regulatory  parity  among  competing  wireless  services, 
 and  the  highly  competitive  state  of  the  paging  industry,  we  seek  comment  on  whether  we  should  amend  our  rules  to  allow  licensees  on  these  channels  to  provide  services  other  than  nationwide  network  paging. 
 In  addition,  we  request  comment  on  whether  the  specific  application  processing  rule  for  these  channels  remains  necessary,  or  whether  we  should  apply  our  general  paging  licensing  rules  to  license  these 
 channels  in  the  event  that  one  of  them  (or  a  partitioned  or  disaggregated  portion  thereof)  were  to  become  available  for  re-  licensing. 

 57.  Additional  Channel  Policies.  Section  22.539  governs  the  processing  of  applications  for  paging  channels  when  an  applicant  has  applied  for  or  been  granted  another  paging  channel  in  the  same 
 geographic  service  area.  148  Section  22.569  governs  the  processing  of  applications  for  a  mobile  channel  when  the  applicant  has  applied  for  or  been  granted  other  mobile  channels  in  the  same  geographic  area.  149 
 Section  22.569  applies  to  applications  proposing  to  use  the  channels  listed  in  section  22.561  (one-  way  or  two-  way  mobile  operations),  150  except  applications  that  propose  to  use  these  channels  to  provide  paging 
 service  only,  which  are  subject  to  section  22.539.  Sections  22.539  and  22.569  were  adopted  at  a  time  when  the  Commission  assigned  the  subject  paging  channels  on  a  site-  by-  site  basis  and  gave  close 
 consideration  to  the  amount  of  paging  spectrum  held  by  a  single  entity  in  a  particular  geographic  area.  Today,  these  Part  22  paging  channels  are  licensed  on  a  geographic  area  basis  rather  than  assigned  on  a 
 site-  by-  site  basis.  Incumbents  operating  on  a  site-  by-  site  basis  may  expand  their  systems  by  assignment  or  transfer  of  a  license  or  by  participating  in  a  spectrum  auction.  In  addition,  under  our  current  licensing 
 scheme  for  paging  channels,  we  place  no  blanket  restrictions  on  the  number  of  overlapping  Part  22  paging  channels  that  a  particular  entity  may  hold  in  one  area.  We  therefore  tentatively  conclude  that  sections 
 22.539  and  22.569  should  be  eliminated.  151 

 145  47  C.  F.  R.    22.531(  b). 
 146  47  C.  F.  R.    22.551. 
 147  In  1996,  the  Commission  expanded  permitted  offerings  of  fixed  wireless  service  by  Commercial 
 Mobile  Radio  Service  providers.  See  Amendment  of  the  Commission's  Rules  to  Permit  Flexible  Service  Offerings  in  the  Commercial  Mobile  Radio  Services,  First  Report  and  Order  and  Further  Notice  of  Proposed  Rule  Making, 

 11  FCC  Rcd  8965  (1996),  Second  Report  and  Order  and  Order  on  Reconsideration,  15  FCC  Rcd  14680  (2000). 
 148  47  C.  F.  R.    22.539. 

 149  47  C.  F.  R.    22.569.  Under  section  22.569,  the  FCC  will  not  assign  more  than  two  channels  in  an  area 
 to  a  carrier  per  application  cycle.  That  is,  a  carrier  must  apply  for  no  more  than  two  channels,  receive  the  authorization,  construct  the  station,  provide  service  to  subscribers,  and  notify  the  FCC  of  commencement  of 

 service  to  subscribers  before  applying  for  additional  mobile  channels  in  that  area. 
 150  47  C.  F.  R.    22.561. 

 151  AMTA  requests,  in  its  2002  Biennial  Review  reply  comments,  that  the  Commission  clarify  section 
 22.569  to  exempt  auction  applicants  from  any  restriction  on  the  number  of  channels  for  which  authorization  is  (continued.) 
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 58.  Provision  of  Rural  Radiotelephone  Service  on  Paging  Channels.  Rural  Radiotelephone  Service  is  a  fixed  radio  service  using  wireless  technology  to  provide  telephone  service  to  subscribers  in 
 remote  areas,  particularly  areas  where  wired  access  is  limited.  Section  22.561  provides  that  channels  in  frequency  ranges  152.03-  152.81,  157.77-  158.67,  454.025-  454.650  and  459.025-  459.650  MHz  are 
 allocated  for  paired  assignment  to  transmitters  in  the  Paging  and  Radiotelephone  Service.  152  These  channels  also  are  allocated  for  paired  assignment  to  transmitters  that  provide  Rural  Radiotelephone 
 Service  (RRS),  153  including  both  conventional  RRS  stations  and  Basic  Exchange  Telephone  Radio  Systems.  154 

 59.  Section  22.563  specifies  that  providers  of  two-  way  public  mobile  service  in  these  frequency  ranges  i.  e.,  Paging  and  Radiotelephone  Service  licensees  must  also  provide  RRS  upon 
 request  from  a  subscriber.  155  These  channels,  however,  are  now  predominantly  assigned  for  use  by  one-way  paging  systems  that  are  technically  incapable  of  providing  RRS.  156  Because  the  majority  of  systems 
 operating  on  these  shared  channels  are  technically  incapable  of  providing  RRS,  they  are  exempt  from  the  access  requirement  by  the  very  terms  of  the  rule  section. 

 60.  In  addition,  there  are  now  a  number  of  wireless  service  alternatives  to  RRS  that  are  capable  of  providing  the  functionality  of  basic  telephone  service  to  customers  in  rural  areas  (e.  g.,  cellular, 
 PCS,  and  some  SMR).  Indeed,  FCC  rules  provide  that  cellular  and  PCS  licensees  may  provide  fixed  services  on  a  co-  primary  basis.  157  Moreover,  consumers  in  many  areas  including  rural  areas  have 
 begun  to  substitute  cellular,  PCS,  and  some  SMR  service  for  landline  service.  This  nascent  trend  is  driven  in  part  by  wireless  service  plans  that  include  the  price  of  long  distance  service  that  may  reduce  a 
 consumers  aggregate  charges  for  local  and  toll  service.  In  view  of  all  of  the  foregoing,  we  tentatively  conclude  that  the  requirement  contained  in  section  22.563  is  no  longer  necessary  and  should  be 
 eliminated.  158 

 (Continued  from  previous  page)  held.  Reply  Comments  of  the  American  Mobile  Telecommunications  Association,  Inc.,  WT  Dkt.  No.  02-  310 
 (filed  Nov.  4,  2002).  We  think  that  Section  22.539(  d)(  3)  makes  clear  that  geographic  area  authorizations  are  not  subject  to  the  additional  channel  policies.  We  further  believe  that  our  proposal  to  eliminate  this  section  in  its 
 entirety  encompasses  AMTAs  concern.  In  the  event  that  commenters  suggest  that  we  retain  this  rule  section,  however,  we  request  comment  on  any  modifications  to  the  rule  section  that  would  be  appropriate  or  necessary  to 
 resolve  the  issue  raised  by  AMTA. 
 152  47  C.  F.  R.    22.561. 

 153  47  C.  F.  R.    22.725. 
 154  47  C.  F.  R.    22.757. 
 155  47  C.  F.  R.    22.563  (emphasis  added).  This  requirement  was  intended  to  address  the  possibility  of  a 
 lack  of  available  channel  pairs  to  meet  future  demand  for  rural  radio  telephone  service.  The  Commission  adopted  this  requirement  when  it  amended  the  rules  to  allow  radio  common  carriers  (i.  e.,  non-  wireline  carriers)  to  apply 

 for  unused  channel  pairs  that  until  then  had  been  designated  for  assignment  only  to  wireline  common  carriers.  The  wireline  carriers  had  been  holding  some  of  these  designated  channel  pairs  in  reserve  (unused)  to  meet 
 possible  future  rural  radiotelephone  service  need. 
 156  The  equipment  used  to  provide  one-  way  paging  service  cannot  be  used  to  provide  two-  way  RRS. 

 157  See  47  C.  F.  R.    22.901(  d)  (cellular  fixed  services);  47  C.  F.  R.    24.3  (PCS  fixed  services). 
 158  47  C.  F.  R.    22.563. 
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 61.  Transmission  Power  Limits.  Section  22.565(  g)  limits  the  effective  radiated  power  (ERP)  of  dispatch  and  auxiliary  test  transmitters  to  100  watts.  159  We  seek  comment  on  whether  the  100-  watt 
 limit  should  be  revised  or  eliminated.  If  section  22.565(  g)  were  eliminated,  then  the  maximum  ERP  for  dispatch  and  auxiliary  test  transmitters  would  be  governed  by  section  22.565(  a).  Under  section  22.565(  a), 
 fixed  stations  (such  as  dispatch  and  auxiliary  test  transmitters)  operating  on  mobile  frequencies  may  have  a  maximum  ERP  of  150  watts.  Comments  on  revision  or  elimination  of  the  ERP  limit  should  take  into 
 account  our  seeking  comment  on  the  permissible  uses  of  auxiliary  test  transmitters.  160  If  we  permit  auxiliary  test  transmitters  to  operate  on  base  frequencies,  then  the  higher  limits  applicable  to  such 
 frequencies  under  section  22.565(  a)  would  apply. 
 62.  Dispatch  Service.  Section  22.577  governs  the  provision  of  dispatch  service.  161  The  limitations  placed  on  the  provision  of  dispatch  service  contained  in  section  22.577  may  be  unduly 

 restrictive  in  light  of  the  Commissions  flexible  service  offering  policies  162  and  given  the  meaningful  economic  competition  among  PMS  providers.  AMTA  stated  in  its  2002  Biennial  Review  reply  comments 
 that  the  limitations  in  section  22.577  no  longer  serve  any  useful  technical,  operational  or  competitive  purpose  and  should  be  eliminated.  163  We  therefore  seek  comment  on  whether  section  22.577  should  be 
 revised  or  eliminated. 
 63.  Hawaiian  UHF  Channels  for  Point-  to-  Point  Operation.  Section  22.591  includes  a  table  of  channels  allocated  to  fixed  transmitters  that  support  other  transmitters  that  provide  PMS.  164  This  table 

 includes  six  UHF  channel  pairs  designated  for  fixed  use  in  the  State  of  Hawaii.  165  Commission  records  indicate  that  only  one  of  these  6  UHF  channel  pairs  has  been  assigned  in  Hawaii  under  Part  22.  166  In  light 
 of  the  very  limited  usage  of  these  channels,  we  seek  comment  on  possible  alternative  uses  of  this  spectrum  in  Hawaii.  We  do  not  propose  any  alternative  use  of  this  spectrum  outside  of  Hawaii,  as  this 
 band  is  allotted  as  broadcast  channel  17  throughout  the  remainder  of  the  United  States.  167 

 159  47  C.  F.  R.    22.565(  g). 
 160  See  para.  44,  supra. 
 161  47  C.  F.  R.    22.577. 
 162  See  n.  147,  supra. 
 163  Reply  Comments  of  the  American  Mobile  Telecommunications  Association,  Inc.,  WT  Dkt.  No.  02- 
 310,  at  10  (filed  Nov.  4,  2002). 
 164  47  C.  F.  R.    22.591. 

 165  The  channels  are  in  the  488-  494  MHz  band,  which  is  UHF  TV  channel  17.  In  1982,  the  Commission 
 reallocated  the  six  channel  pairs  to  enable  Hawaiian  common  carriers  to  transmit  inter-  island  paging  and  portable  telephone  signals.  In  the  Matter  of  Amendment  of  Parts  2  of  the  Commissions  Rules  Governing  Frequency 

 Allocations,  22  of  the  Commissions  Rules  Governing  the  Public  Mobile  Radio  Services,  73  of  the  Commissions  Rules  Governing  the  Radio  Broadcast  Services,  and  74  of  the  Commissions  Rules  Governing  Experimental, 
 Auxiliary,  and  Special  Broadcast,  and  Other  Program  Distribution  Services  To  Reallocate  UHF-  TV  Broadcast  Channel  17  for  Common  Carrier  Fixed  Relay  and  Control  Operations  in  the  State  of  Hawaii,  Report  and  Order, 
 51  Rad.  Reg.  (P&  F)  2d  398  (1982).  Channel  17  was  not  then  and  is  not  now  allotted  for  broadcast  use  in  Hawaii. 
 166  The  488.750,  491.750  MHz  channel  pair  is  assigned  to  Mobile  One,  Inc.,  Call  Sign  WXR957. 

 167  So  long  as  one  channel  pair  is  still  used  under  Part  22,  UHF  TV  channel  17  would  remain  unavailable 
 in  Hawaii.  Moreover,  47  C.  F.  R.    2.106  note  NG  127  provides:  In  Hawaii,  the  frequency  band  488-  494  MHz  is  (continued.) 
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 64.  Channels  for  Point-  to-  Point  Operation    Microwave  Channels.  Section  22.591  also  includes  a  table  of  2110-  2130  and  2160-  2180  MHz  microwave  channels.  168  In  1992,  the  Commission 
 allocated  these  bands  for  use  by  emerging  technologies  (ET)  services  and  no  new  systems  may  be  authorized  on  these  channels  under  Part  22.  169  Recently,  the  Commission  allocated,  inter  alia,  the  2110- 
 2130  MHz  band  for  Advanced  Wireless  Services  (AWS).  170  At  present,  both  the  2110-  2130  and  2160-  2180  bands  are  widely  used  for  common  carrier  fixed  microwave  service.  171  In  light  of  the  foregoing,  we 
 tentatively  conclude  that  these  microwave  channels  should  be  deleted  from  the  section  22.591  table  and  that  section  22.591(  b)  regarding  assignment  of  such  channels  should  be  deleted.  172  If  we  eliminate  the 
 microwave  channels  listed  in  section  22.591,  we  intend  to  delete  the  cross-  reference  to  section  22.591  in  section  22.601  and,  instead,  reference  the  2110-  2130  and  2160-  2180  MHz  channels. 

 65.  Section  22.601  specifies  rules  for  modification  of  previously  authorized  Part  22  stations  on  the  2110-  2130  and  2160-  2180  MHz  channels.  Commission  records  indicate  that  30  licensees 
 collectively  hold  57  licenses  on  these  channels.  We  seek  comment  on  the  use  of  these  licenses  and  whether  section  22.601  should  be  revised  at  this  time.  For  example,  would  it  be  appropriate  to  specify 
 that  this  section  sunsets  one  year  after  the  Commission  completes  licensing  of  this  spectrum  for  Advanced  Wireless  Services? 

 66.  Section  22.602  sets  forth  rules  governing  a  transition  period  for  Paging  and  Radiotelephone  Service  licensees  on  the  microwave  channels  listed  in  section  22.591  to  relocate  to  other 
 frequencies.  173  If  we  eliminate  the  microwave  channels  listed  in  section  22.591,  we  intend  to  delete  the  cross-  reference  to  section  22.591  in  section  22.602  and,  instead,  reference  the  2110-  2130  and  2160-  2180 
 MHz  channels.  We  also  seek  comment  on  whether  section  22.602  should  be  revised  at  this  time  in  light  of  the  fact  that  Commission  records  indicate  that  30  licensees  collectively  hold  53  licenses  on  these 

 (Continued  from  previous  page)  allocated  exclusively  to  the  fixed  service  for  use  by  common  carrier  control  and  repeater  stations  for  point-  to-  point 
 inter-  island  communications  only.  If  the  entire  488-  494  MHz  band  becomes  clear,  the  Commission  could  consider  reallocating  this  band  back  to  broadcasting  or  for  other  purposes  consistent  with  the  Table  of  Allocations. 

 168  The  section  22.591  table  incorrectly  specifies  eight  microwave  channel  center  frequencies.  That  table 
 should  reflect  that  there  are  398  microwave  channel  center  frequencies.  See  Revision  of  Part  22  of  the  Commission's  Rules  Governing  the  Public  Mobile  Services,  Report  and  Order,  9  FCC  Rcd  6513,  6632  (1994). 

 169  In  the  Matter  of  Redevelopment  of  Spectrum  to  Encourage  Innovation  in  the  Use  of  New 
 Telecommunications  Technologies,  First  Report  and  Order  and  Third  Notice  of  Proposed  Rule  Making,  7  FCC  Rcd  6886,  6890  21  (1992). 

 170  In  the  Matter  of  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,  Second  Report  and  Order,  FCC  02-  304  (rel.  Nov.  15,  2002).  The  Commission 

 reserved  for  further  analysis  the  possible  AWS  use  of  the  2160-  2165  MHz  band.  Id.  at  7.  The  Commission  concurrently  adopted  a  Notice  of  Proposed  Rulemaking  on  the  licensing,  technical,  and  operational  rules  to  be 
 applied  to  the  newly  allocated  AWS  bands.  See  In  the  Matter  of  Service  Rules  for  Advanced  Wireless  Services  in  the  1.7  GHz  and  2.1  GHz  Bands,  Notice  of  Proposed  Rulemaking,  FCC  02-  305  (rel.  Nov.  22,  2002). 

 171  See  47  C.  F.  R.    101.101. 
 172  Sections  22.601  and  22.602  provide  that  no  new  systems  will  be  authorized  on  these  channels 
 pursuant  to  Part  22.  47  C.  F.  R.    22.601,  22.602.  Section  22.602  also  provides  procedures  for  transitioning  Paging  and  Radiotelephone  Service  licensees  from  these  channels.  Id. 

 173  47  C.  F.  R.    22.602. 
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 channels.  Similarly,  should  we  specify  that  this  section,  in  addition  to  section  22.601,  sunsets  one  year  after  completion  of  licensing  of  this  spectrum  for  Advanced  Wireless  Services? 
 67.  Effective  Radiated  Power  Limits.  Section  22.593  specifies  power  limits  for  the  channels  enumerated  in  section  22.591.  174  As  noted  above,  we  propose  to  delete  the  microwave  channels  listed  in 
 section  22.591.  175  If  we  eliminate  these  channels  from  section  22.591,  we  intend  to  make  a  conforming  revision  to  section  22.593  176  by  deleting  the  second  sentence,  which  specifies  the  EIRP  of  the  microwave 
 channels  listed  in  section  22.591. 
 68.  Channel  Usage  Reports.  Section  22.655  requires  a  subcategory  of  paging  licensees    470-  512  MHz  band  licensees    to  submit  defined  channel  usage  reports  every  three  months.  In  comments 

 filed  with  the  Commission  concerning  the  2002  Biennial  Review,  Westel  Communications,  Inc.  (Westel)  recommends  that  the  Commission  eliminate  this  quarterly  filing  requirement.  177  As  explained  by  the  rule 
 itself,  the  reporting  requirement  was  adopted  as  part  of  the  Commissions  redesignation  of  the  public  mobile  channels  in  the  470-  512  MHz  band  from  trunked  mobile  operation  to  point-  to-  multipoint 
 operation  as  the  demand  for  trunked  mobile  service  decreased.  Only  licensees  in  this  band  providing  trunked  mobile  service  are  required  to  submit  reports,  based  on  the  premise  that  the  reports  would  enable 
 the  Commission  to  have  the  information  necessary  to  know  when  it  may  redesignate  the  channels  to  point-  to-  multipoint  operation.  Only  this  category  of  PMS  licensees  must  file  channel  usage  reports.  Our 
 records  indicate  that  only  two  licensees  remain  subject  to  this  requirement  Westel  and  one  other  licensee. 

 69.  The  Association  of  Public-  Safety  Communications  Officials-  International,  Inc.  (APCO)  has  questioned  Westels  proposal  to  eliminate  this  reporting  requirement.  178  According  to  APCO, 
 [  t]  hese  reports  are  necessary  to  determine  where  spectrum  in  the  470-  512  MHz  band  is  underutilized,  and  could  be  made  available  for  other  uses.  179  We  note,  however,  that  the  majority  of  CMRS  licensees 
 using  the  470-  512  MHz  band  do  not  have  to  submit  these  quarterly  reports.  We  encourage  the  parties  to  work  together  to  determine  what,  if  any,  continuing  purpose  these  reports  serve. 

 70.  Given  that  only  two  carriers  must  still  file  these  reports,  and  they  have  maintained  mobile  usage  of  the  channels  for  some  time,  and  because  we  have  eliminated  loading  reporting  requirements  for 
 other  paging  operators,  we  tentatively  conclude  that  we  should  eliminate  section  22.655.  At  the  same  time,  we  seek  comment  on  APCOs  concerns  about  the  loss  of  the  reports.  It  is  possible  that  a  quarterly 
 reporting  requirement  in  the  current  environment  is  no  longer  necessary.  Alternatively,  should  some  commenters  identify  a  continuing  value  in  the  reports,  we  could  consider  reducing  the  frequency  to  a 
 yearly  submission.  We  request  comment  on  our  proposal  and  any  alternative  considerations. 

 174  47  C.  F.  R.    22.593. 
 175  See  paras.  63-  64,  supra. 
 176  47  C.  F.  R.    22.593. 
 177  Comments  of  Westel  Communications,  Inc.,  WT  Dkt.  No.  02-  310  (filed  Oct.  18,  2002). 
 178  Reply  Comments  of  APCO,  WT  Dkt.  No.  02-  310,  at  3  (filed  Nov.  4,  2002). 
 179  Id. 
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 H.  Rural  Radiotelephone  Service  Rules 
 71.  Channels  for  Basic  Exchange  Telephone  Radio  Systems.  Section  22.757  specifies  channels  (in  addition  to  those  listed  in  section  22.725)  in  the  frequency  ranges  816.0125  to  820.2375 

 MHz  and  861.0125  to  865.2375  MHz  that  are  allocated  for  paired  assignment  to  basic  exchange  telephone  radio  systems  (BETRS).  180  The  Commission  auctioned  these  channels  on  a  geographic  area 
 basis  in  Auction  16  and  they  are  no  longer  available  for  assignment  to  BETRS.  We  therefore  tentatively  conclude  that  section  22.757  should  be  eliminated  and  that  the  first  sentence  of  section  22.725  should  be 
 amended  to  provide  that  the  channels  listed  therein  are  available  for  paired  assignment  to  BETRS. 
 I.  Air-  Ground  Radiotelephone  Service  Rules 
 72.  Subpart  G  of  Part  22  sets  forth  regulations  for  general  aviation  (or  private  aircraft)  air-ground  service  and  commercial  air-  ground  service.  In  this  section,  we  address  three  separate 

 requirements  now  applicable  to  general  aviation  air-  ground  service  and  one  requirement  applicable  to  commercial  air-  ground  service  that  should  be  addressed  regardless  of  the  outcome  of  our  reexamination 
 of  the  provision  of  wireless  services  to  members  on  the  public  on  airborne  commercial  airplanes. 
 73.  Idle  Tone.  Section  22.811  provides  that  when  a  ground  station  transmitter  authorized  to  transmit  on  any  Air-  Ground  Radiotelephone  Service  (AG)  channel  listed  in  section  22.805  is  available  for 

 service  but  idle,  it  must  continuously  transmit  a  modulated  signal  on  that  channel  with  a  power  between  10  and  20  dB  lower  than  the  normal  transmitting  power.  181  All  U.  S.  AG  stations  are  currently  required  to 
 operate  using  Air-  Ground  Radiotelephone  Automated  Service  (AGRAS).  As  a  result,  the  idle  tone  rule,  which  was  intended  to  facilitate  manual  AG  service,  appears  to  have  become  obsolete.  We  tentatively 
 conclude  that  section  22.805  should  be  eliminated. 
 74.  Construction  Period  for  General  Aviation  Ground  Stations.  Section  22.815  provides  that  [  t]  he  construction  period  (see    22.142)  for  general  aviation  ground  stations  is  12  months.  182  Former 

 section  22.142  183  was  consolidated  into  current  section  1.946  184  as  part  of  the  implementation  of  the  Universal  Licensing  System  rules.  185  Former  section  22.142  and  current  section  1.946  provide  that  if  a 
 licensee  fails  to  commence  service  by  the  expiration  of  its  construction  period,  its  license  terminates  automatically,  without  specific  Commission  action.  We  therefore  tentatively  conclude  that  the  reference 
 to  former  section  22.142  in  section  22.815  should  be  eliminated  and  replaced  with  a  reference  to  section  1.946. 

 75.  AGRAS.  Section  22.819  provides  that,  after  January  1,  1996,  stations  transmitting  on  the  general  aviation  air-  ground  service  channels  must  operate  in  compliance  with  the  requirements  set  forth  in 
 180  47  C.  F.  R.    22.757. 
 181  47  C.  F.  R.    22.811. 
 182  47  C.  F.  R.    22.815. 
 183  47  C.  F.  R.    22.142  (1997). 
 184  47  C.  F.  R.    1.946. 
 185  See  Biennial  Regulatory  Review  Amendment  of  Parts  0,  1,  13,  22,  24,  26,  27,  80,  90,  95,  97  and 
 101  of  the  Commissions  Rules  to  Facilitate  the  Development  and  Use  of  the  Universal  Licensing  System  in  the  Wireless  Telecommunications  Services,  Report  and  Order,  13  FCC  Rcd  21027  (1998)  (ULS  Report  and  Order); 

 Memorandum  Opinion  and  Order  on  Reconsideration,  14  FCC  Rcd  11145  (1998). 
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 the  document,  "Technical  Reference,  Air-  ground  Radiotelephone  Automated  Service  (AGRAS),  System  Operation  and  Equipment  Characteristics,"  dated  April  12,  1985.  186  We  understand  that  the  industry  is 
 currently  developing  a  new  operating  technology  that  may  be  superior  to  AGRAS.  We  wish  to  facilitate  such  technical  innovation  and  request  comment  on  the  best  means  for  doing  so.  Should  the  Commission 
 eliminate  section  22.819  at  this  time  or  after  the  new  standard  is  ready  for  implementation?  What,  if  anything,  should  the  Commission  do  to  facilitate  technical  compatibility  and  interoperability  using  this,  or 
 any  other,  new  technology  developed  to  provide  this  service? 
 76.  Control  Channel  Transition  Period.  Section  22.871  provides  that  the  experimental  air-ground  system  operating  on  the  channels  listed  in  section  22.857  may  use  a  3.2  kHz  control  channel  on 

 channel  C-  2  of  each  channel  block  until  September  9,  1996.  187  This  date  has  long  passed,  so  the  rule  appears  unnecessary.  We  tentatively  conclude  that  section  22.871  should  be  eliminated. 

 J.  Offshore  Radiotelephone  Service  Rules 
 77.  Subpart  I  of  Part  22  which  includes  sections  22.1001,  22.1003,  22.1005,  22.1007,  22.1009,  22.1011,  22.1013,  22.1015,  22.1025,  22.1031,  22.1035,  and  22.1037  governs  the  licensing  and 

 operation  of  Offshore  Radiotelephone  Service  (ORS)  stations.  These  stations  provide  telephone  service  to  subscribers  located  on  oil  exploration  and  productions  platforms  in  the  Gulf  of  Mexico.  To  date,  we 
 have  received  no  requests  for  revising  the  rules  governing  ORS  to  provide  increased  flexibility.  In  this  Notice,  we  specifically  request  comment  whether  any  of  the  Subpart  I  rules  warrant  review  at  this  time  as 
 a  result  of  meaningful  economic  competition  among  providers  of  wireless  services,  or  on  any  other  basis.  In  any  event,  we  propose  to  revise  section  22.1003,  188  to  revise  the  eligibility  requirements  to  eliminate 
 references  to  common  carriers  and  instead  to  rely  on  language  similar  to  that  used  in  Parts  24  and  27  ([  a]  ny  entity,  other  than  those  precluded  by  section  310  of  the  Communications  Act  of  1934,  as 
 amended,  47  U.  S.  C.  310,  .  .  .  is  eligible  to  hold  a  license  under  this  part).  This  proposal  is  consistent  with  similar  proposals  contained  in  this  Notice.  189 

 III.  PROCEDURAL  MATTERS 
 A.  Form  of  Comments 
 78.  In  order  to  facilitate  staff  review  of  the  record  in  this  proceeding,  parties  that  submit  comments  or  reply  comments  in  this  proceeding  are  requested  to  provide  a  table  of  contents  with  their 

 comments.  Such  a  table  of  contents  should,  where  applicable,  parallel  the  table  of  contents  of  this  Notice. 
 B.  Comment  Filing  Procedures 
 79.  Comments  and  Reply  Comments.  Pursuant  to  applicable  procedures  set  forth  in  sections  1.415  and  1.419  of  the  Commission's  rules,  190  interested  parties  may  file  comments  on  this  notice  of 

 proposed  rulemaking  in  WT  Docket  No.  03-  103  on  or  before  60  days  after  the  date  of  publication  of  a  summary  of  this  Notice  in  the  Federal  Register,  and  reply  comments  on  or  before  90  days  after  the  date  of 

 186  47  C.  F.  R.    22.819. 
 187  47  C.  F.  R.    22.871. 
 188  47  C.  F.  R.    22.1003. 
 189  See,  e.  g.,  para.  28,  supra. 
 190  47  C.  F.  R.    1.415,  1.419. 
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 publication  of  a  summary  of  this  Notice  in  the  Federal  Register.  Comments  may  be  filed  using  the  Commission's  Electronic  Comment  Filing  System  (ECFS)  or  by  filing  paper  copies.  191  Given  recent 
 changes  in  the  Commission's  mail  delivery  system,  parties  are  strongly  urged  to  use  the  ECFS  to  file  their  pleadings.  Comments  filed  through  the  ECFS  can  be  sent  as  an  electronic  file  via  the  Internet  to 
 <http://  www.  fcc.  gov/  e-  file/  ecfs.  html>.  Only  one  copy  of  an  electronic  submission  must  be  filed.  In  completing  the  transmittal  screen,  electronic  filers  should  include  their  full  name,  Postal  Service  mailing 
 address,  and  the  applicable  docket  or  rulemaking  number.  Parties  may  also  submit  an  electronic  comment  by  Internet  e-  mail.  To  receive  filing  instructions  for  e-  mail  comments,  commenters  should  send  an  e-  mail 
 to  ecfs@  fcc.  gov,  and  should  include  the  following  words  in  the  body  of  the  message,  "get  form  <your  e-mail  address>."  A  sample  form  and  directions  will  be  sent  in  reply. 

 80.  Parties  who  choose  to  file  by  paper  must  file  an  original  and  four  copies  of  each  filing  in  WT  Docket  No.  03-  103.  If  parties  want  each  Commissioner  to  receive  a  personal  copy  of  their 
 comments,  an  original  plus  nine  copies  must  be  filed.  All  filings  by  mail  (including  U.  S.  Postal  Service  Express  Mail,  Priority  Mail  and  First  Class  Mail)  must  be  sent  to  the  Commission's  Secretary,  Marlene  H. 
 Dortch,  Federal  Communications  Commission,  Office  of  the  Secretary,  445  12th  Street,  S.  W.,  Washington  D.  C.  20054.  All  filings  sent  to  the  Commission  by  overnight  delivery  (e.  g.,  Federal  Express, 
 except  by  U.  S.  Postal  Service)  must  be  sent  to  the  Commission's  Secretary,  Marlene  H.  Dortch,  Federal  Communications  Commission,  Office  of  the  Secretary,  9300  East  Hampton  Drive,  Capitol  Heights,  MD 
 20743.  All  hand-  delivered  or  messenger-  delivered  filings  must  be  delivered  to  the  Commission's  filing  location  at  236  Massachusetts  Avenue,  N.  E.,  Suite  110,  Washington,  D.  C.  20002-  4913.  192  The  filing 
 hours  at  this  facility  are  8:  00  a.  m.  to  7:  00  p.  m.  Parties  must  also  serve  the  following  with  either  one  copy  of  each  filing  via  e-  mail  or  two  paper  copies:  (1)  Qualex  International,  Portals  II,  445  12th  Street,  S.  W., 
 Room  CY-  B402,  Washington,  D.  C.,  20554,  telephone  (202)  863-  2893,  facsimile  (202)  863-  2898,  or  e-mail  at  qualexint@  aol.  com;  and  (2)  Richard  Arsenault,  Wireless  Telecommunications  Bureau,  445  12th 
 Street,  S.  W.,  Washington,  D.  C.,  20554,  rarsenau@  fcc.  gov. 
 81.  Parties  who  choose  to  file  by  paper  should  also  submit  their  comments  on  diskette  to:  Richard  Arsenault,  Attorney  Advisor,  Commercial  Wireless  Division,  Federal  Communications 

 Commission,  445  12th  Street,  S.  W.,  Washington,  D.  C.  20554.  The  required  diskette  copies  of  submissions  should  be  on  3.5-  inch  diskettes  formatted  in  an  IBM  compatible  format  using  Word  or 
 compatible  software.  Each  diskette  should  be  accompanied  by  a  cover  letter  and  should  be  submitted  in  "read  only"  mode.  The  diskette  should  be  clearly  labeled  with  the  commenter's  name,  proceeding  (WT 
 Docket  No.  03-  103),  type  of  pleading  (comment  or  reply  comment),  date  of  submission,  and  the  name  of  the  electronic  file  on  the  diskette.  The  label  should  also  include  the  following  phrase  "Disk  Copy  -  Not  an 
 Original."  Each  diskette  should  contain  only  one  party's  pleadings,  preferably  in  a  single  electronic  file. 
 82.  Availability  of  Documents.  Comments,  reply  comments,  and  ex  parte  submissions  will  be  available  for  public  inspection  during  regular  business  hours  in  the  FCC  Reference  Center,  Federal 

 Communications  Commission,  445  12th  Street,  S.  W.,  Room  CY-  A257,  Washington,  D.  C.  20554.  Persons  with  disabilities  who  need  assistance  in  the  FCC  Reference  Center  may  contact  Bill  Cline  at 
 (202)  418-  0267,  (202)  418-  7365  TTY,  or  bcline@  fcc.  gov.  These  documents  also  will  be  available  electronically  at  the  Commission's  Disabilities  Issues  Task  Force  web  site,  www.  fcc.  gov/  dtf,  and  from  the 
 Commission's  Electronic  Comment  Filing  System.  Documents  are  available  electronically  in  ASCII  text,  Word  97,  and  Adobe  Acrobat.  Copies  of  filings  in  this  proceeding  may  be  obtained  from  Qualex 

 191  Electronic  Filing  of  Documents  in  Rulemaking  Proceedings,  63  Fed.  Reg.  24121(  1998). 
 192  See  FCC  Announces  a  New  Filing  Location  for  Paper  Documents  and  a  New  Fax  Number  for  General 
 Correspondence,  Public  Notice,  DA  01-  2919  (rel.  Dec.  14,  2001). 
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 International,  Portals  II,  445  12th  Street,  S.  W.,  Room  CY-  B402,  Washington,  D.  C.,  20554,  telephone  (202)  863-  2893,  facsimile  (202)  863-  2898,  or  via  e-  mail  at  qualexint@  aol.  com.  This  document  is  also 
 available  in  alternative  formats  (computer  diskette,  large  print,  audio  cassette,  and  Braille).  Persons  who  need  documents  in  such  formats  may  contact  Brian  Millin  at  (202)  418-  7426,  TTY  (202)  418-  7365,  or 
 send  an  e-  mail  to  access@  fcc.  gov. 
 C.  Ex  Parte  Presentations 
 83.  This  is  a  permit-  but-  disclose  rulemaking  proceeding,  subject  to  the  "permit-  but-  disclose"  requirements  under  section  1.1206(  b)  of  the  Commission's  rules.  193  Ex  parte  presentations  are  permissible 

 if  disclosed  in  accordance  with  Commission  rules,  except  during  the  Sunshine  Agenda  period  when  presentations,  ex  parte  or  otherwise,  are  generally  prohibited.  Persons  making  oral  ex  parte  presentations 
 are  reminded  that  a  memorandum  summarizing  a  presentation  must  contain  a  summary  of  the  substance  and  not  merely  a  listing  of  the  subjects  discussed.  More  than  a  one  or  two  sentence  description  of  the 
 views  and  arguments  presented  is  generally  required.  194  Additional  rules  pertaining  to  oral  and  written  presentations  are  set  forth  in  section  1.1206(  b)  of  the  Commission's  rules.  Parties  submitting  written  ex 
 parte  presentations  or  summaries  of  oral  ex  parte  presentations  are  urged  to  use  the  ECFS  in  accordance  with  the  Commission  rules  discussed  above.  Parties  filing  paper  ex  parte  submissions  must  file  an 
 original  and  one  copy  of  each  submission  with  the  Commission's  Secretary,  Marlene  H.  Dortch,  at  the  appropriate  address  as  shown  above  for  filings  sent  by  either  U.  S.  mail,  overnight  delivery,  or  hand  or 
 messenger  delivery.  Parties  must  also  serve  the  following  with  either  one  copy  of  each  ex  parte  filing  via  e-  mail  or  two  paper  copies:  (1)  Qualex  International,  Portals  II,  445  12th  Street,  S.  W.,  Room  CY-  B402, 
 Washington,  D.  C.,  20554,  telephone  (202)  863-  2893,  facsimile  (202)  863-  2898,  or  e-  mail  at  qualexint@  aol.  com;  and  (2)  Richard  Arsenault,  Wireless  Telecommunications  Bureau,  Federal 
 Communications  Commission,  445  12th  Street,  S.  W.,  Washington,  D.  C.,  20554,  rarsenau@  fcc.  gov. 
 D.  Regulatory  Flexibility  Act 
 84.  As  required  by  the  Regulatory  Flexibility  Act,  195  the  Commission  has  prepared  an  Initial  Regulatory  Flexibility  Analysis  (IRFA)  of  the  possible  impact  on  small  entities  of  the  proposals  in  this 

 Notice  of  Proposed  Rulemaking.  The  IRFA  is  set  forth  in  Appendix  A.  Written  public  comments  are  requested  on  the  IRFA.  These  comments  must  be  filed  in  accordance  with  the  same  filing  deadlines  for 
 comments  on  the  NPRM,  and  they  must  have  a  separate  and  distinct  heading  designating  them  as  responses  to  the  IRFA.  The  Commissions  Consumer  and  Governmental  Affairs  Bureau,  Reference 
 Information  Center,  will  send  a  copy  of  this  NPRM,  including  the  IRFA,  to  the  Chief  Counsel  for  Advocacy  of  the  Small  Business  Administration,  in  accordance  with  the  Regulatory  Flexibility  Act.  196 

 E.  Initial  Paperwork  Reduction  Act  of  1995  Analysis 
 85.  This  NPRM  contains  either  a  proposed  or  modified  information  collection.  As  part  of  its  continuing  effort  to  reduce  paperwork  burdens,  we  invite  the  general  public  and  the  Office  of 

 Management  and  Budget  (OMB)  to  take  this  opportunity  to  comment  on  the  information  collections  contained  in  this  NPRM,  as  required  by  the  Paperwork  Reduction  Act  of  1995,  Public  Law  104-  13. 

 193  47  C.  F.  R.    1.1206. 
 194  47  C.  F.  R.    1.1206(  b)(  2). 
 195  5  U.  S.  C.    603. 
 196  5  U.  S.  C.    603(  a). 
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 Public,  agency,  and  OMB  comments  are  due  at  the  same  time  as  other  comments  on  this  NPRM  (which  are  due  60  days  from  the  date  of  publication  of  this  NPRM  in  the  Federal  Register).  Comments  should 
 address:  (a)  whether  the  proposed  collection  of  information  is  necessary  for  the  proper  performance  of  the  functions  of  the  Commission,  including  whether  the  information  shall  have  practical  utility;  (b)  the 
 accuracy  of  the  Commissions  burden  estimates;  (c)  ways  to  enhance  the  quality,  utility,  and  clarity  of  the  information  collection;  and  (d)  ways  to  minimize  the  burden  of  the  collection  of  information  on  the 
 respondents,  including  the  use  of  automated  collection  techniques  or  other  forms  of  technology. 
 86.  Written  comments  by  the  public  on  the  proposed  and/  or  modified  information  collections  are  due  60  days  after  the  date  of  publication  of  a  summary  of  this  Notice  in  the  Federal  Register.  Written 

 comments  must  be  submitted  by  the  Office  of  Management  and  Budget  (OMB)  on  the  proposed  and/  or  modified  information  collections  on  or  before  60  days  after  the  date  of  publication  of  a  summary  of  this 
 Notice  in  the  Federal  Register.  In  addition  to  filing  comments  with  the  Secretary,  a  copy  of  any  comments  on  the  information(  s)  contained  herein  should  be  submitted  to  Judy  Boley,  Federal 
 Communications  Commission,  Room  1-  C804,  445  12  th  Street,  S.  W.,  Washington,  DC  20554,  or  via  the  Internet  to  jboley@  fcc.  gov,  and  to  Kim  Johnson,  OMB  Desk  Officer,  10236  NEOB,  725  17  th  Street, 
 N.  W.,  Washington,  DC  20503,  or  via  the  Internet  to  Kim_  A._  Johnson@  omb.  eop.  gov. 
 F.  Contact  Information 
 87.  The  Wireless  Telecommunications  Bureau  contact  for  this  proceeding  is  Richard  Arsenault  at  (202)  418-  0920,  rarsenau@  fcc.  gov.  Press  inquiries  should  be  directed  to  Meribeth 

 McCarrick,  Wireless  Telecommunications  Bureau,  at  (202)  418-  0654,  TTY  at  (202)  418-  7233,  or  e-  mail  at  mmccarri@  fcc.  gov. 

 IV.  ORDERING  CLAUSES 
 88.  Accordingly,  IT  IS  ORDERED  that,  pursuant  to  the  authority  contained  in  sections  1,  4(  i),  11,  and  303(  r)  of  the  Communications  Act  of  1934,  as  amended,  47  U.  S.  C.    151,  154(  i),  161,  and 

 303(  r),  this  NOTICE  OF  PROPOSED  RULEMAKING  is  hereby  ADOPTED. 
 89.  IT  IS  FURTHER  ORDERED  that  the  Commission's  Consumer  and  Governmental  Affairs  Bureau,  Reference  Information  Center,  SHALL  SEND  a  copy  of  this  NOTICE  OF  PROPOSED 

 RULEMAKING,  including  the  Initial  Regulatory  Flexibility  Analysis,  to  the  Chief  Counsel  for  Advocacy  of  the  Small  Business  Administration. 

 FEDERAL  COMMUNICATIONS  COMMISSION 

 Marlene  H.  Dortch  Secretary 
 APPENDIX  A 
 INITIAL  REGULATORY  FLEXIBILITY  ANALYSIS 
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 As  required  by  the  Regulatory  Flexibility  Act  of  1980,  as  amended  (RFA),  197  the  Commission  has  prepared  this  present  Initial  Regulatory  Flexibility  Analysis  (IRFA)  of  the  possible  significant  economic 
 impact  on  a  substantial  number  of  small  entities  of  the  policies  and  rules  proposed  in  this  Notice  of  Proposed  Rulemaking  (  Notice),  WT  Docket  No.  03-  103.  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  Notice,  provided  in  paragraph  79  of  the  Notice.  The  Commission  will  send  a  copy  of 
 the  Notice,  including  this  IRFA,  to  the  Chief  Counsel  for  Advocacy  of  the  Small  Business  Administration  (SBA).  198  In  addition,  the  Notice  and  IRFA  (or  summaries  thereof)  will  be  published  in  the  Federal 
 Register.  199 
 A.  Need  for,  and  Objectives  of,  the  Proposed  Rules 
 In  the  Notice,  we  undertake  a  fundamental  reexamination  of  our  rules  governing  the  provision  of  air-  ground  telecommunications  services  on  commercial  airplanes  (i.  e.,  those  rules  affecting  the 

 availability  of  wireless  services  to  passengers  on  commercial  aircraft)  in  order  to  enhance  the  options  available  to  the  public.  200  Our  goal  is  to  promote  service  provision  that  better  meets  the  needs  of  the 
 public  for  wireless  air-  ground  communications  services.  At  present,  only  one  of  the  six  available  licenses  in  this  service  is  used  to  serve  the  public.  In  the  Notice,  we  seek  comment  on  whether  any  changes  to  our 
 rules  could  provide  greater  opportunities  for  the  competitive  provision  of  these  services,  leading  to  lower  prices  to  consumers  and  increased  choices  in  wireless  services  and  enhancements  while  traveling  by 
 commercial  airliner.  201  To  this  end,  we  are  open  to  all  possible  suggestions  for  fundamental  reform.  In  addition,  in  this  context,  we  seek  comment  regarding  whether  the  commercial  air-  ground  spectrum  is 
 being  efficiently  used,  since  there  is  now  only  one  operating  licensee  in  a  regulatory  plan  that  originally  contemplated  six  competing  service  providers.  We  also  seek  comment  on  possible  amendment  of  rules 
 for  other  wireless  services  to  permit  the  provision  of  commercial  air-  ground  service  by  licensees  of  such  spectrum.  202 

 We  initiate  this  proceeding  partly  in  furtherance  of  our  biennial  review  of  regulations  pursuant  to  Section  11  of  the  Communications  Act  of  1934,  as  amended.  203  Section  11  requires  us  to  review  our 
 regulations  applicable  to  providers  of  telecommunications  service  and  to  determine  whether  any  such  regulation  is  no  longer  necessary  in  the  public  interest  as  the  result  of  meaningful  economic  competition 
 between  providers  of  such  service,  and  to  repeal  or  modify  any  regulation  that  we  find  no  longer  necessary  in  the  public  interest.  204  This  Notice,  in  part,  is  one  of  the  steps  in  our  implementation  of  staff 

 197  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). 
 198  See  5  U.  S.  C.    603(  a). 

 199  Id. 
 200  Notice  at  paras.  7-  22,  supra. 
 201  Id.  at  para.  17,  supra. 
 202  Id.  at  para.  22,  supra. 
 203  47  U.  S.  C.    161. 
 204  47  U.  S.  C.    161(  a)(  2)&(  b).  In  our  Cellular  Year  2000  Biennial  Report  and  Order,  we  stated  that 
 section  11  places  the  burden  on  the  Commission  to  make  the  requisite  determinations;  no  particular  burden  is  (continued.) 
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 recommendations  205  under  Section  11  for  deleting  or  modifying  various  Part  22  rules.  In  addition,  the  Notice  considers  other  proposals  submitted  to  the  Commission  by  members  of  the  public  regarding 
 changes  to  the  Part  22  regulations,  including  those  that  do  not  fall  within  the  scope  of  Section  11.  We  accordingly  seek  comment  on  changes  to  rules  for  each  of  the  Part  22  services  Paging  and 
 Radiotelephone,  Rural  Radiotelephone,  Air-  Ground  Radiotelephone,  and  Offshore  Radiotelephone  other  than  cellular  as  well  as  our  rules  governing  developmental  authorizations.  206  In  addition  to 
 eliminating  unnecessary  regulatory  hurdles,  many  of  these  proposals  provide  licensees  with  greater  flexibility  regarding  the  use  of  their  spectrum,  which  in  turn  leads  to  greater  technical,  economic,  and 
 marketplace  efficiency.  207 
 In  the  Notice,  we  also  propose  to  revise  or  eliminate  certain  Part  22  Public  Mobile  Services  (PMS)  rules  that  may  have  become  obsolete  as  the  result  of  technological  change,  increased  competition 
 in  the  Commercial  Mobile  Radio  Services  (CMRS),  supervening  changes  to  related  Commission  rules,  or  a  combination  of  these  factors.  This  Notice  in  addition  proposes  to  recodify  certain  Part  22  PMS  rules  to 
 Part  1  of  our  rules,  amend  several  of  our  Part  1  rules,  and  make  several  conforming  amendments  to  our  Part  90  rules. 

 In  the  Notice,  we  also  seek  comment  on  ways  to  increase  flexibility  to  enable  licensees  to  better  serve  the  public.  For  example,  we  seek  comment  on  providing  licensees  of  nationwide  paging  channels 
 flexibility  to  provide  other  services  208  and  on  whether  our  rules  limiting  the  provision  of  dispatch  service  by  paging  licensees  are  too  restrictive.  209 

 Specifically,  to  illustrate  the  proposals  outlined  above,  the  Notice  seeks  comment  on  elimination  or  modification  of  numerous  Part  22  technical,  operational  and  service  rules.  210  For  example,  the  Notice 
 (Continued  from  previous  page)  placed  on  the  opponents  or  proponents  of  a  given  rule.  Year  2000  Biennial  Regulatory  Review  Amendment  of 
 Part  22  of  the  Commissions  Rules  to  Modify  or  Eliminate  Outdated  Rules  Affecting  the  Cellular  Radiotelephone  Service  and  Other  Commercial  Mobile  Radio  Services,  Report  and  Order,  FCC  02-  229,  at  4  (rel.  Sept.  24,  2002) 
 (Cellular  Year  2000  Biennial  Report  and  Order),  citing  In  the  Matter  of  2000  Biennial  Regulatory  Review  Spectrum  Aggregation  Limits  for  Commercial  Mobile  Radio  Services,  WT  Dkt.  No.  01-  14,  Report  and  Order,  16 
 FCC  Rcd  22628,  22679  25  (2001);  see  also  Second  Report  and  Order,  FCC  02-  247  (rel.  Sept.  24,  2002);  Erratum,  DA  02-  2969  (rel.  Nov.  4,  2002). 

 205  See  Biennial  Regulatory  Review,  CC  Docket  No.  00-  175,  Report,  FCC  00-  456  (adopted  Dec.  29, 
 2000;  rel.  Jan.  17,  2001)  (2000  Biennial  Review  Report);  Biennial  Regulatory  Review  2000  Updated  Staff  Report  (rel.  Jan.  17,  2001)  (Staff  Report);  2002  Biennial  Regulatory  Review,  Report,  FCC  02-  342,  2003  WESTLAW 

 (FEDCOM  FCC)  1192543  (adopted  Dec.  31,  2002;  rel.  March  14,  2003);  The  Commission  Seeks  Public  Comment  in  the  2002  Biennial  Review  of  Telecommunications  Regulations  Within  the  Purview  of  the  Wireless 
 Telecommunications  Bureau,  Public  Notice,  FCC  02-  264  (rel.  Sept.  26,  2002). 
 206  We  are  not  here  addressing  the  specific  rules  contained  in  Subpart  J  regarding  the  implementation  of 
 CALEA  for  Part  22  services.  We  are  addressing  implementation  of  CALEA  in  CC  Docket  No.  97-  213.  See  In  The  Matter  of  Communications  Assistance  for  Law  Enforcement  Act,  Order  on  Remand,  2002  WESTLAW 

 (FEDCOM  FCC)  534605. 
 207  See  FCC  Staff  Report,  Spectrum  Policy  Task  Force  Report,  ET  Dkt.  No.  02-  135  (rel.  Nov.  2002). 

 208  Notice  at  para.  56,  supra. 
 209  Id.  at  para.  62,  supra. 
 210  The  specific  rules  include:  Sections  22.1(  b),  22.3(  b),  22.7,  22.99,  22.143(  d)(  4),  22.157,  22.159, 
 22.161,  22.351,  22.352,  22.361  (Table  C-  2),  22.363,  22.373,  22.379,  22.381,  22.383,  22.415,  22.503(  g),  22.539,  (continued.) 
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 tentatively  concludes  that  the  directional  antenna  requirements  set  forth  in  section  22.363  and  Table  C-  2  to  section  22.361  should  be  eliminated.  211  In  addition  to  these  rule  changes,  the  Notice  seeks  comment  on 
 elimination  of  the  requirement  to  file  FCC  Form  409  (Airborne  Mobile  RadioTelephone  License  Application)  to  apply  for  authority  to  operate  an  airborne  station.  212  The  Notice  also  seeks  comment 
 regarding  whether  47  C.  F.  R.    1.929(  c)(  1)  of  our  rules  should  be  amended  to  specify  that  expansion  of  a  composite  interference  contour  (CIC)  of  a  site-  based  licensee  in  the  Paging  and  Radiotelephone  Service 
 as  well  as  the  Rural  Radiotelephone  Service  and  800  MHz  Specialized  Mobile  Radio  Service  over  water,  on  a  secondary,  non-  interference  basis,  should  be  classified  as  a  minor  (rather  than  major) 
 modification  of  license.  213  Such  reclassification  would  substantially  reduce  the  filing  requirements  associated  with  these  license  modifications.  Finally,  the  Notice  seeks  comment  on  recodification  of 
 section  22.157  (computation  of  distance)  and  section  22.159  (computation  of  terrain  elevation)  to  Part  1  of  the  Commissions  rules.  214  Subject  to  several  exceptions,  recodification  of  these  rules  to  Part  1  would 
 harmonize  the  methods  for  computing  distance  and  terrain  elevation  applicable  to  Wireless  Radio  Services  described  in  Parts  1,  20,  21,  22,  24,  27,  80,  87,  90,  95,  97,  and  101  so  that  they  are  subject  to  the 
 same  requirements. 
 B.  Legal  Basis 
 The  potential  actions  on  which  comment  is  sought  in  this  Notice  would  be  authorized  under  Sections  1,  4(  i),  11,  and  303(  r)  of  the  Communications  Act  of  1934,  as  amended,  47  U.  S.  C.    151,  154(  i), 

 161,  and  303(  r). 
 C.  Description  and  Estimate  of  the  Number  of  Small  Entities  Subject  to  the  Rules 
 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.  215  The  RFA  generally 

 defines  the  term  small  entity  as  having  the  same  meaning  as  the  terms  small  business,  small  organization,  and  small  governmental  jurisdiction.  216  In  addition,  the  term  small  business  has  the 
 same  meaning  as  the  term  small  business  concern  under  the  Small  Business  Act.  217  A  small  business  concern  is  one  which:  (1)  is  independently  owned  and  operated;  (2)  is  not  dominant  in  its  field  of 

 (Continued  from  previous  page)  22.563,  22.569,  22.591,  22.593,  22.601,  22.602,  22.625(  a),  22.655(  a)  and  (b),  22.725,  22.725(  c),  22.729,  22.757, 
 22.805,  22.815,  and  22.871  of  the  Commissions  rules. 
 211  Notice  at  para.  40,  supra. 

 212  Id.  at  paras.  25-  27,  supra. 
 213  Id.  at  paras.  51-  55,  supra. 
 214  Id.  at  paras.  32-  34,  supra. 
 215  5  U.  S.  C.    603(  b)(  3). 
 216  5  U.  S.  C.    601(  6). 
 217  5  U.  S.  C.    601(  3)  (incorporating  by  reference  the  definition  of  small  business  concern  in  15  U.  S.  C. 
   632).  Pursuant  to  5  U.  S.  C.    601(  3),  the  statutory  definition  of  a  small  business  applies  unless  an  agency,  after  consultation  with  the  Office  of  Advocacy  of  the  Small  Business  Administration  and  after  opportunity  for  public 

 comment,  establishes  one  or  more  definitions  of  such  term  which  are  appropriate  to  the  activities  of  the  agency  and  publishes  such  definition(  s)  in  the  Federal  Register. 
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 operation;  and  (3)  satisfies  any  additional  criteria  established  by  the  SBA.  218 
 A  small  organization  is  generally  any  not-  for-  profit  enterprise  which  is  independently  owned  and  operated  and  is  not  dominant  in  its  field.  219  Nationwide,  as  of  1992,  there  were  approximately 
 275,801  small  organizations.  220  Small  governmental  jurisdiction  generally  means  governments  of  cities,  counties,  towns,  townships,  villages,  school  districts,  or  special  districts,  with  a  population  of  less 
 than  50,000.  221  As  of  1992,  there  were  approximately  85,006  such  jurisdictions  in  the  United  States.  222  This  number  includes  38,978  counties,  cities,  and  towns;  of  these,  37,566,  or  96  percent,  have  populations 
 of  fewer  than  50,000.  223  The  Census  Bureau  estimates  that  this  ratio  is  approximately  accurate  for  all  governmental  entities.  Thus,  of  the  85,006  governmental  entities,  we  estimate  that  81,600  (96  percent) 
 are  small  entities.  In  the  following  paragraphs,  we  further  describe  and  estimate  the  number  of  small-entity  licensees  that  may  be  affected  if  the  proposals  in  this  Notice  are  adopted.  We  enumerate  the  types 
 of  small  entities  described  in  this  paragraph  because  many  such  entities  use  such  services  and,  in  some  cases,  are  licensees. 

 This  Notice  could  result  in  rule  changes  that,  if  adopted,  would  affect  small  businesses  that  currently  are  or  may  become  Paging  and  Radiotelephone,  Rural  Radiotelephone,  Air-  Ground 
 Radiotelephone,  or  Offshore  Radiotelephone  service  providers  regulated  under  Subparts  E,  F,  G,  and  I  of  Part  22  of  the  Commissions  rules,  respectively.  The  proposed  changes  to  Section  22.7  of  the 
 Commissions  rules  would,  if  adopted,  affect  Cellular  Radiotelephone  Service  providers  that  are  regulated  under  Subpart  H  of  Part  22  of  the  Commissions  rules.  224  In  addition,  pursuant  to  Section  90.493(  b)  of 
 the  Commissions  rules,  paging  licensees  on  exclusive  channels  in  the  929-  930  MHz  bands  are  subject  to  the  licensing,  construction,  and  operation  rules  set  forth  in  Part  22.  225  As  this  rulemaking  proceeding 
 applies  to  multiple  services,  we  will  analyze  the  number  of  small  entities  affected  on  a  service-  by-  service  basis.  In  addition  to  service  providers,  some  of  the  proposed  rule  changes  may  also  affect  manufacturers 
 of  telecommunications  equipment.  We  will  include  a  separate  discussion  regarding  the  number  of  small  equipment  manufacturing  entities  that  are  potentially  affected  by  the  proposed  rule  changes. 

 Cellular  Radiotelephone  Service.  Neither  the  Commission  nor  the  SBA  has  developed  a  definition  of  small  entities  applicable  to  cellular  licensees.  Therefore,  the  applicable  definition  of  small 
 entity  is  the  definition  under  the  SBA  rules  applicable  to  radiotelephone  (wireless)  companies.  This  provides  that  a  small  entity  is  a  radiotelephone  company  employing  no  more  than  1,500  persons.  226  We 

 218  15  U.  S.  C.    632. 
 219  5  U.  S.  C.    601(  4). 
 220  1992  Economic  Census,  U.  S.  Bureau  of  Census,  Table  6  (special  tabulation  of  data  under  contract  to 
 Office  of  Advocacy  of  the  U.  S.  Small  Business  Administration). 
 221  5  U.  S.  C.    601(  5). 

 222  U.  S.  Dept.  of  Commerce,  Bureau  of  the  Census,  1992  Census  of  Governments. 
 223  Id. 
 224  Notice  at  para.  28,  supra. 
 225  See  47  C.  F.  R.    90.493(  b). 
 226  13  C.  F.  R.    121.201,  NAICS  code  517212. 
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 note  that  there  are  1,758  cellular  licenses;  however,  a  cellular  licensee  may  own  several  licenses.  According  to  the  most  recent  Trends  in  Telephone  Service  data,  858  carriers  reported  that  they  were 
 engaged  in  the  provision  of  cellular  service,  PCS,  or  SMR  telephony,  which  are  grouped  together  in  the  data.  227  Of  these,  567  have  more  than  1,500  employees;  the  remaining  291  are  small  business  concerns 
 under  the  SBAs  definition.  However,  because  data  for  cellular  service,  PCS,  and  SMR  telephony  are  reported  collectively,  we  are  unable  at  this  time  to  estimate  how  many  of  the  291  small  business  concerns 
 are  cellular  service  carriers.  Consequently,  we  estimate  that  there  are  291  or  fewer  small  cellular  service  carriers  that  may  be  affected  by  the  proposal  to  amend  Section  22.7,  if  adopted.  228 

 Paging  and  Radiotelephone  Service.  In  the  Paging  Second  Report  and  Order  and  Further  Notice  of  Proposed  Rulemaking,  we  adopted  criteria  for  defining  small  businesses  and  very  small 
 businesses  for  purposes  of  determining  their  eligibility  for  special  provisions  such  as  bidding  credits  and  installment  payments.  229  We  have  defined  a  small  business  as  an  entity  that,  together  with  its  affiliates 
 and  controlling  principals,  has  average  gross  revenues  for  the  three  preceding  years  of  not  more  than  $15  million.  A  very  small  business  is  defined  as  an  entity  that,  together  with  affiliates  and  controlling 
 principals,  has  average  gross  revenues  for  the  three  preceding  calendar  years  of  not  more  than  $3  million.  The  SBA  has  approved  these  definitions.  230  An  auction  of  MEA  licenses  commenced  on  February  24, 
 2000,  and  closed  on  March  2,  2000.  Of  the  985  licenses  auctioned,  440  were  sold.  Fifty-  seven  companies  claiming  small  business  status  won  licenses.  An  auction  of  MEA  and  EA  paging  licenses 
 commenced  on  October  30,  2001,  and  closed  on  December  5,  2001.  Of  the  15,514  licenses  auctioned,  5323  were  sold.  In  this  auction,  high  bids  were  placed  by  130  entities  that  qualify  as  small  businesses 
 under  the  Commission's  definition.  Licenses  have  been  granted  to  128  of  these  entities,  and  the  applications  of  the  other  entities  remain  pending.  Thus,  in  addition  to  existing  licensees,  should  the 
 Commission  adopt  the  rule  changes  proposed  in  the  Notice,  130  license  winners  in  the  recent  auction  would  be  affected  small  entities. 

 In  addition,  the  SBA  defines  small  paging  companies  as  an  entity  employing  no  more  than  1,500  persons.  231  At  present,  there  are  approximately  24,000  Private  Paging  licenses  and  74,000  Common 
 Carrier  Paging  licenses.  According  to  the  most  recent  Trends  in  Telephone  Service  data,  576  carriers  reported  that  they  were  engaged  in  the  provision  of  paging  and  messaging  service.  232  Only  19  of  the  576 
 carriers  have  more  than  1,500  employees;  the  remaining  557  are  small  business  concerns  under  the  SBAs  definition.  Consequently,  we  estimate  that  there  are  557  small  paging  carriers  that  may  be  affected  by  the 

 227  See  Wireline  Competition  Bureau,  Industry  Analysis  and  Technology  Division,  Trends  in  Telephone 
 Service  at  Table  5.3,  page  5-  5  (May  2002). 
 228  Notice  at  para.  28,  supra. 

 229  Revision  of  Part  22  and  Part  90  of  the  Commissions  Rules  To  Facilitate  Future  Development  of 
 Paging  Systems,  Second  Report  and  Order  and  Further  Notice  of  Proposed  Rulemaking,  12  FCC  Rcd  2731,  2811-  2812  (1997).  These  provisions  were  somewhat  modified  and  clarified  in  Revision  of  Part  22  and  Part  90  of 

 the  Commissions  Rules  To  Facilitate  Future  Development  of  Paging  Systems,  Memorandum  Opinion  and  Order  on  Reconsideration  and  Third  Report  and  Order,  14  FCC  Rcd  10030,  10085-  10088  (1999).  See  also  47  C.  F.  R. 
   22.217,  22.223. 
 230  See  Letter  to  Amy  J.  Zoslov,  Chief  (Acting),  Auctions  and  Industry  Analysis  Division,  Wireless 
 Telecommunications  Bureau,  Federal  Communications  Commission,  from  Aida  Alvarez,  Administrator,  Small  Business  Administration,  at  3-  4  (Dec.  2,  1998). 

 231  13  C.  F.  R.    121.201,  NAICS  code  517211. 
 232  Trends  in  Telephone  Service,  Table  5.3. 
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 proposed  rules,  if  adopted.  We  estimate  that  the  majority  of  private  and  common  carrier  paging  providers  would  qualify  as  small  entities  under  the  SBA  definition. 
 Air-  Ground  Radiotelephone  Service.  The  Commission  has  not  adopted  a  definition  of  small  business  specific  to  the  Air-  Ground  Radiotelephone  Service.  233  Accordingly,  we  use  the  SBA  definition 
 applicable  to  cellular  and  other  wireless  telecommunication  companies,  i.  e.,  an  entity  employing  no  more  than  1,500  persons.  234  There  are  approximately  100  licensees  in  the  Air-  Ground  Radiotelephone  Service, 
 and  the  Commission  estimates  that  almost  all  of  them  qualify  as  small  entities  under  the  SBA  definition. 
 Offshore  Radiotelephone  Service.  This  service  operates  on  several  ultra  high  frequency  (UHF)  TV  broadcast  channels  that  are  not  used  for  TV  broadcasting  in  the  coastal  area  of  the  states  bordering  the 

 Gulf  of  Mexico.  At  present,  there  are  approximately  55  licensees  in  this  service.  The  Commission  has  not  adopted  a  definition  of  small  business  specific  to  the  Offshore  Radiotelephone  Service.  Accordingly, 
 we  use  the  SBA  definition  applicable  to  cellular  and  other  wireless  telecommunication  companies,  i.  e.,  an  entity  employing  no  more  than  1,500  persons.  235  The  Commission  is  unable  at  this  time  to  estimate  the 
 number  of  licensees  that  would  qualify  as  small  entities  under  the  SBA  definition.  The  Commission  assumes,  for  purposes  of  this  IRFA,  that  all  of  the  55  licensees  are  small  entities,  as  that  term  is  defined 
 by  the  SBA. 
 Rural  Radiotelephone  Service.  The  Commission  has  not  adopted  a  definition  of  small  entity  specific  to  the  Rural  Radiotelephone  Service.  236  A  significant  subset  of  the  Rural  Radiotelephone  Service 

 is  the  Basic  Exchange  Telephone  Radio  Systems  (BETRS).  237  We  therefore  use  the  SBA  definition  applicable  to  cellular  and  other  wireless  telecommunication  companies,  i.  e.,  an  entity  employing  no  more 
 than  1,500  persons.  238  There  are  approximately  1000  licensees  in  the  Rural  Radiotelephone  Service,  and  the  Commission  estimates  that  almost  all  of  them  qualify  as  small  entities  under  the  SBA  definition. 

 Equipment  Manufacturers.  Some  of  the  proposed  actions  in  the  Notice  could  also  affect  equipment  manufacturers.  The  Commission  does  not  know  how  many  equipment  manufacturers  are  in 
 the  current  market.  The  1994  County  Business  Patterns  Report  of  the  Bureau  of  the  Census  estimates  that  there  are  920  companies  that  make  communications  subscriber  equipment.  This  category  includes  not 
 only  cellular,  paging,  air-  ground,  offshore,  and  rural  radiotelephone  equipment  manufacturers,  but  television  and  AM/  FM  radio  manufacturers  as  well.  Thus,  the  number  of  cellular,  paging,  air-  ground, 
 offshore,  and  rural  radiotelephone  equipment  manufacturers  is  lower  than  920.  Under  SBA  regulations,  a  communications  equipment  manufacturer  must  have  a  total  of  1000  or  fewer  employees  in  order  to 
 qualify  as  a  small  business  concern.  239  Census  Bureau  data  from  1992  indicate  that  at  that  time  there  were 
 233  Air-  ground  radiotelephone  service  is  defined  in  Section  22.99  of  the  Commissions  rules,  47  C.  F.  R. 
   22.99. 
 234  13  C.  F.  R.    121.201,  NAICS  code  517212. 

 235  Id. 
 236  Rural  Radiotelephone  Service  is  defined  in  Section  22.99  of  the  Commissions  rules,  47  C.  F.  R.   
 22.99. 
 237  BETRS  is  defined  in  Sections  22.757  and  22.729  of  the  Commissions  rules,  47  C.  F.  R.    22.757, 
 22.729. 
 238  13  C.  F.  R.    121.201,  NAICS  code  517212. 

 239  13  C.  F.  R.    121.201,  NAICS  code  334210  (1000  or  fewer),  334220  (750  or  fewer),  334290  (750  or 
 fewer). 
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 an  estimated  858  such  U.  S.  manufacturers  and  that  778  (91  percent)  of  these  firms  had  750  or  fewer  employees  and  would  therefore  be  classified  as  small  entities.  240  Using  our  current  estimate  of  equipment 
 manufacturers  and  the  previous  percentage  estimate  of  small  entities,  we  estimate  that  our  current  action  may  affect  approximately  837  small  equipment  manufacturers. 

 D.  Description  of  Projected  Reporting,  Recordkeeping  and  Other  Compliance  Requirements 
 This  Notice  neither  proposes  nor  anticipates  any  additional  reporting,  recordkeeping,  or  other  compliance  measures.  If  certain  of  the  proposals  in  the  Notice  (e.  g.,  eliminating  the  section  22.655 

 requirement  that  certain  paging  licensees  file  channel  usage  reports,  241  or  elimination  of  the  requirement  to  file  FCC  Form  409  (Airborne  Mobile  Radiotelephone  License  Application)  to  apply  for  authority  to 
 operate  an  airborne  station)  242  are  adopted  as  a  result  of  this  proceeding,  then  we  contemplate  a  reduction  in  these  requirements.  The  reduction  would  be  the  same  for  all  entities. 

 In  addition  to  these  rule  changes,  the  Notice  also  seeks  comment  regarding  whether  section  1.929(  c)(  1)  of  our  rules  should  be  amended  to  specify  that  expansion  of  a  composite  interference  contour 
 (CIC)  of  a  site-  based  licensee  in  the  Paging  and  Radiotelephone  Service  as  well  as  the  Rural  Radiotelephone  Service  and  800  MHz  Specialized  Mobile  Radio  Service  over  water  on  a  secondary, 
 non-  interference  basis  should  be  classified  as  a  minor  (rather  than  major)  modification  of  license.  243  Such  reclassification,  if  adopted,  would  substantially  reduce  the  filing  requirements  associated  with  these 
 license  modifications. 
 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  (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  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.  244 

 As  stated  earlier,  a  number  of  the  Commissions  Part  22  technical,  operational  and  service  rules  may  be  determined  to  be  outdated.  Therefore,  modifying  or  eliminating  these  rules  should  decrease  the 
 costs  associated  with  regulatory  compliance  for  service  providers,  provide  additional  flexibility  in  the  provision  of  service  and  manufacturing  of  equipment,  and  enhance  the  market  demand  for  some  services. 
 We  therefore  anticipate  that,  although  it  seems  likely  that  there  will  be  a  significant  economic  impact  on  a  substantial  number  of  small  entities,  there  will  be  no  adverse  economic  impact  on  small  entities.  In  fact, 
 certain  of  the  proposed  rule  changes  may  particularly  benefit  small  entities.  For  example,  the  Notice  proposes  that  section  1.929(  c)(  1)  should  be  amended  to  specify  that  expansion  of  the  composite 

 240  U.  S.  Dept.  of  Commerce,  1992  Census  of  Transportation,  Communications  and  Utilities  (issued  May 
 1995),  SIC  code  3663  (estimate  created  by  the  Census  Bureau  under  contract  to  the  Office  of  Advocacy,  SBA). 
 241  Notice  at  paras.  68-  70,  supra. 

 242  Id.  at  paras.  25-  27,  supra. 
 243  Id.  at  paras.  51-  55,  supra. 
 244  See  5  U.  S.  C.    603(  c)(  1)-(  c)(  4). 
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 interference  contour  (CIC)  of  a  site-  based  licensee  in  the  Paging  and  Radiotelephone  Service  as  well  as  the  Rural  Radiotelephone  Service  and  800  MHz  Specialized  Mobile  Radio  Service  over  water,  on  a 
 secondary,  non-  interference  basis  to  any  geographic  area  licensee  in  the  same  area,  is  a  minor,  not  a  major,  modification  of  license.  245  Although  adoption  of  such  an  amendment  would  benefit  both  small  and 
 large  entities  (because  minor  modifications  are  self-  effectuating,  while  major  modifications  require  FCC  approval),  the  majority  of  businesses  in  these  three  radio  services  are  small  entities.  The  Notice  further 
 proposes  that  a  site-  based  licensee  expanding  its  CIC  over  water  as  defined  above  could  do  so  on  a  permissive  basis,  with  no  notification  to  the  Commission  required.  Many  licensees  in  these  services  are 
 small  entities  that  could  benefit  from  this  rule  change. 
 In  the  Notice,  then,  the  Commission  has  set  forth  various  options  it  is  considering  for  each  rule,  from  modifying  rules  to  eliminating  them  altogether.  As  discussed  in  the  Notice,  the  effect  of  any  rule 
 change  on  the  regulatory  burden  of  licensees  will  be  a  significant  criterion  in  determining  appropriate  Commission  action.  246  We  note  that,  with  the  exception  of  our  reexamination  of  our  rules  governing  the 
 provision  of  air-  ground  telecommunications  services  on  commercial  airplanes  in  order  to  enhance  the  options  available  to  the  public,  247  the  entire  intent  underlying  our  actions  here  is  to  lessen  the  levels  of 
 regulation,  consistent  with  our  mandate  for  undertaking  biennial  reviews.  We  seek  comment  on  any  additional  appropriate  alternatives  and  especially  alternatives  that  may  further  reduce  economic  impacts 
 on  small  entities. 
 F.  Federal  Rules  that  May  Duplicate,  Overlap  or  Conflict  with  the  Proposed  Rules 
 None. 

 245  Notice  at  paras.  51-  54,  supra. 
 246  Id.  at  paras.  2  &  4,  supra. 
 247  Notice  at  paras.  7-  22,  supra. 
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 APPENDIX  B 
 PROPOSED  RULE  CHANGES 
 Title  47,  Part  1  of  the  Code  of  Federal  Regulations,  47  CFR  Part  1,  is  amended  as  follows: 
 1.  The  authority  citation  for  Part  1  continues  to  read  as  follows: 
 AUTHORITY:  47  U.  S.  C.  151,  154(  i),  154(  j),  155,  225,  303(  r),  309  and  325(  e). 
 2.  Section  1.903(  c)  is  amended  to  read  as  follows: 
 (c)  Subscribers.  Authority  for  subscribers  to  operate  mobile  or  fixed  stations  in  the  Wireless  Radio  Services,  except  for  certain  stations  in  the  Rural  Radiotelephone  Service,  is  included  in  the  authorization 
 held  by  the  licensee  providing  service  to  them.  Subscribers  are  not  required  to  apply  for,  and  the  Commission  does  not  accept,  applications  from  subscribers  for  individual  mobile  or  fixed  station 
 authorizations  in  the  Wireless  Radio  Services.  Individual  authorizations  are  required  to  operate  rural  subscriber  stations  in  the  Rural  Radiotelephone  Service,  except  as  provided  in    22.703  of  this  chapter. 
 Individual  authorizations  are  required  for  end  users  of  certain  Specialized  Mobile  Radio  Systems  as  provided  in    90.655  of  this  chapter.  In  addition,  certain  ships  and  aircraft  are  required  to  be  individually 
 licensed  under  Parts  80  and  87  of  this  chapter.  See    80.13,  87.18  of  this  chapter. 
 3.  Section  1.929(  c)(  1)  is  amended  to  read  as  follows: 
 (1)  In  the  Paging  and  Radiotelephone  Service,  Rural  Radiotelephone  Service  and  800  MHz  Specialized  Mobile  Radio  Service  (SMR),  any  change  that  would  increase  or  expand  the  applicant's  existing 
 composite  interference  contour,  except  extensions  of  a  composite  interference  contour  over  bodies  of  water  that  extend  beyond  county  boundaries  (i.  e.,  including  but  not  limited  to  oceans,  the  Gulf  of  Mexico, 
 and  the  Great  Lakes)  on  a  secondary  basis. 
 4.  New  Section  1.958  is  added  to  Subpart  F  of  Part  1  as  follows: 
   1.958  Distance  computation. 
 The  method  given  in  this  section  must  be  used  to  compute  the  distance  between  any  two  locations,  except  that,  for  computation  of  distance  involving  stations  in  Canada  and  Mexico,  methods  for  distance 
 computation  specified  in  the  applicable  international  agreement,  if  any,  must  be  used  instead.  The  result  of  a  distance  calculation  under  Parts  21  and  101  of  this  chapter  must  be  rounded  to  the  nearest  tenth  of  a 
 kilometer.  The  method  set  forth  in  this  paragraph  is  considered  to  be  sufficiently  accurate  for  distances  not  exceeding  475  km  (295  miles). 

 (a)  Convert  the  latitudes  and  longitudes  of  each  reference  point  from  degree-  minute-  second  format  to  degree-  decimal  format  by  dividing  minutes  by  60  and  seconds  by  3600,  then  adding  the  results  to 
 degrees. 

 (b)  Calculate  the  mean  geodetic  latitude  between  the  two  reference  points  by  averaging  the  two  latitudes: 
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 (c)  Calculate  the  number  of  kilometers  per  degree  latitude  difference  for  the  mean  geodetic  latitude  calculated  in  paragraph  (b)  of  this  section  as  follows: 
 KPD  sublat  =  111.13209  -  0.56605  cos  2ML 
 +  0.00120  cos  4ML 
 (d)  Calculate  the  number  of  kilometers  per  degree  of  longitude  difference  for  the  mean  geodetic  latitude  calculated  in  paragraph  (b)  of  this  section  as  follows: 

 KPD  sublon  =  111.41513  cos  ML  -  0.09455  cos  3ML 
 +  0.00012  cos  5ML 
 (e)  Calculate  the  North-  South  distance  in  kilometers  as  follows: 
 NS  =  KPD  sublat  x  (LAT1  subdd  -  LAT2  subdd  ) 
 (f)  Calculate  the  East-  West  distance  in  kilometers  as  follows: 
 EW  =  KPD  sublon  x  (LON1  subdd  -  LON2  subdd  ) 
 (g)  Calculate  the  distance  between  the  locations  by  taking  the  square  root  of  the  sum  of  the  squares  of  the  East-  West  and  North-  South  distances: 

 (h)  Terms  used  in  this  section  are  defined  as  follows: 
 (1)  LAT1  subdd  and  LON1  subdd  are  the  coordinates  of  the  first  location  in  degree-  decimal  format. 
 (2)  LAT2  subdd  and  LON2  subdd  are  the  coordinates  of  the  second  location  in  degree-  decimal  format. 
 (3)  ML  is  the  mean  geodetic  latitude  in  degree-  decimal  format. 
 (4)  KPD  sublat  is  the  number  of  kilometers  per  degree  of  latitude  at  a  given  mean  geodetic  latitude. 
 (5)  KPD  sublon  is  the  number  of  kilometers  per  degree  of  longitude  at  a  given  mean  geodetic  latitude. 
 (6)  NS  is  the  North-  South  distance  in  kilometers. 
 (7)  DIST  is  the  distance  between  the  two  locations,  in  kilometers. 

 5.  New  Section  1.959  is  added  to  Subpart  F  of  Part  1  as  follows: 
   1.959  Computation  of  average  terrain  elevation. 
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 Except  as  otherwise  specified  in    90.309(  a)(  4)  of  this  chapter,  average  terrain  elevation  must  be  calculated  by  computer  using  elevations  from  a  30  second  point  or  better  topographic  data  file.  The  file 
 must  be  identified.  If  a  30  second  point  data  file  is  used,  the  elevation  data  must  be  processed  for  intermediate  points  using  interpolation  techniques;  otherwise,  the  nearest  point  may  be  used.  In  cases  of 
 dispute,  average  terrain  elevation  determinations  can  also  be  done  manually,  if  the  results  differ  significantly  from  the  computer  derived  averages. 

 (a)  Radial  average  terrain  elevation  is  calculated  as  the  average  of  the  elevation  along  a  straight  line  path  from  3  to  16  kilometers  (2  and  10  miles)  extending  radially  from  the  antenna  site.  If  a  portion  of  the 
 radial  path  extends  over  foreign  territory  or  water,  such  portion  must  not  be  included  in  the  computation  of  average  elevation  unless  the  radial  path  again  passes  over  United  States  land  between  16  and  134 
 kilometers  (10  and  83  miles)  away  from  the  station.  At  least  50  evenly  spaced  data  points  for  each  radial  should  be  used  in  the  computation. 

 (b)  Average  terrain  elevation  is  the  average  of  the  eight  radial  average  terrain  elevations  (for  the  eight  cardinal  radials). 
 (c)  For  locations  in  Dade  and  Broward  Counties,  Florida,  the  method  prescribed  above  may  be  used  or  average  terrain  elevation  may  be  assumed  to  be  3  meters  (10  feet). 
 6.  Section  1.1102(  16)(  h)  is  removed. 
 7.  Section  1.2003  is  amended  by  deleting  the  phrase  FCC  409  Airborne  Mobile  Radio  Telephone  License  Application; 

 Title  47,  Part  22  of  the  Code  of  Federal  Regulations,  47  CFR  Part  22,  is  amended  as  follows: 
 8.  The  authority  citation  for  Part  22  continues  to  read  as  follows: 
 AUTHORITY:  47  U.  S.  C.  154,  222,  303,  309  and  332. 
 9.  Section  22.1(  b)  is  amended  by  revising  it  to  read  as  follows: 
 (b)  Purpose.  The  purpose  of  these  rules  is  to  establish  the  requirements  and  conditions  under  which  domestic  radio  stations  may  be  licensed  and  used  in  the  Public  Mobile  Services. 

 10.  Section  22.3(  b)  is  amended  by  revising  it  to  read  as  follows: 
 (b)  Authority  for  subscribers  to  operate  mobile  or  fixed  stations  in  the  Public  Mobile  Services,  except  for  certain  stations  in  the  Rural  Radiotelephone  Service,  is  included  in  the  authorization  held  by  the  licensee 
 providing  service  to  them.  Subscribers  are  not  required  to  apply  for,  and  the  FCC  does  not  accept  applications  from  subscribers  for,  individual  mobile  or  fixed  station  authorizations  in  the  Public  Mobile 
 Services,  except  that  individual  authorizations  are  required  to  operate  rural  subscriber  stations  in  the  Rural  Radiotelephone  Service,  except  as  provided  in    22.703. 

 11.  Sections  22.3(  b)(  1)  and  (2)  are  removed. 
 12.  Section  22.7  is  revised  in  its  entirety  to  read  as  follows: 
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   22.7  General  eligibility. 
 Any  entity,  other  than  those  precluded  by  section  310  of  the  Communications  Act  of  1934,  as  amended,  47  U.  S.  C.  310,  is  eligible  to  hold  a  license  under  this  part.  Applications  are  granted  only  if  the  applicant 
 is  legally,  financially,  technically  and  otherwise  qualified  to  render  the  proposed  service. 
 13.  Section  22.99  is  amended  by  removing  the  definitions  of  Meteor  burst  propagation  mode,  Radio  Common  Carrier,  and  Wireline  Common  Carrier. 

 14.  Section  22.99  is  amended  by  eliminating  the  sentence  See,  for  example,    22.161.  in  the  definition  of  Channel. 
 15.  Section  22.99  is  amended  by  replacing  the  term  common  carrier  with  the  term  licensee  in  the  definitions  of  Air-  Ground  Radiotelephone  Service,  Cellular  Radiotelephone  Service,  Offshore 
 Radiotelephone  Service,  Public  Mobile  Services,  and  Rural  Radiotelephone  Service. 
 16.  Section  22.99  also  is  amended  by  correcting  the  term  Air-  ground  Radiotelephone  Service  to  the  term  Air-  Ground  Radiotelephone  Service  in  the  definitions  of  Communications  channel,  Control 
 channel,  and  Ground  station. 
 17.  Section  22.143(  d)(  4)  is  amended  to  read  as  follows: 
 (4)  For  any  construction  or  alteration  that  would  exceed  the  requirements  of    17.7  of  this  chapter,  the  licensee  has  notified  the  appropriate  Regional  Office  of  the  Federal  Aviation  Administration  (FAA  Form 
 7460-  1),  filed  a  request  for  antenna  height  clearance  and  obstruction  marking  and  lighting  specifications  (FCC  Form  854)  with  the  FCC  at  WTB,  Database  Management  Division,  Analysis  and  Development 
 Branch,  1120  Fairfield  Road,  Gettysburg,  PA  17325  or  electronically  via  the  FCC  Antenna  Structure  Registration  homepage,  wireless.  fcc.  gov/  antenna/; 

 18.  Section  22.157  is  removed. 
 19.  Section  22.159  is  removed. 
 20.  Section  22.161  is  removed. 
 21.  Section  22.351  is  amended  to  read  as  follows: 
   22.351  Channel  assignment  policy. 
 The  channels  allocated  for  use  in  the  Public  Mobile  Services  are  listed  in  the  applicable  subparts  of  this  part.  Channels  and  channel  blocks  are  assigned  in  such  a  manner  as  to  facilitate  the  rendition  of  service 
 on  an  interference-  free  basis  in  each  service  area.  Except  as  otherwise  provided  in  this  part,  each  channel  or  channel  block  is  assigned  exclusively  to  one  licensee  in  each  service  area.  All  applicants  for,  and 
 licensees  of,  stations  in  the  Public  Mobile  Services  shall  cooperate  in  the  selection  and  use  of  channels  in  order  to  minimize  interference  and  obtain  the  most  efficient  use  of  the  allocated  spectrum. 

 22.  Section  22.352  is  amended  by  revising  the  first  sentence  of  this  section  to  read  as  follows: 
 Public  Mobile  Service  stations  operating  in  accordance  with  applicable  FCC  rules  and  the  terms  and  conditions  of  their  authorizations  are  normally  considered  to  be  non-  interfering. 
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 23.  Section  22.352(  c)(  7)  is  revised  to  read  as  follows: 
 (4)  In-  building  radiation  systems.  No  protection  is  provided  against  interference  to  the  service  of  in-building  radiation  systems. 

 24.  Section  22.361  and  Table  C-  2  thereto  are  removed. 
 25.  Section  22.363  is  removed. 
 26.  Section  22.373  is  removed. 
 27.  Section  22.379  is  removed. 
 28.  Section  22.381  is  removed. 
 29.  Section  22.383  is  removed. 
 30.  Section  22.415  is  removed. 
 31.  Section  22.503(  g)  is  amended  by  adding  new  subsection  (4)  to  read  as  follows: 
 (4)  The  application  is  for  a  minor  modification  of  license  to  expand  a  licensees  composite  interference  contour  over  water  on  a  secondary,  non-  interference  basis  under  section  1.929(  c)(  1)  of  this  chapter. 

 32.  Section  22.539  is  removed. 
 33.  Section  22.563  is  amended  to  read  in  its  entirety  as  follows: 
   22.563  Provision  of  rural  radiotelephone  service. 
 Channels  in  the  frequency  ranges  152.03-  152.81,  157.77-  158.67,  454.025-  454.650  and  459.025-  459.650  MHz,  inclusive,  are  also  allocated  for  assignment  in  the  Rural  Radiotelephone  Service. 

 34.  Section  22.569  is  removed. 
 35.  Section  22.591  is  amended  by  removing  the  chart  entitled  Microwave  channels. 
 36.  Section  22.591(  b)  is  removed  and  reserved 
 37.  Section  22.593  is  revised  to  read  in  its  entirety  as  follows: 
   22.593  Effective  radiated  power  limits. 
 The  effective  radiated  power  of  fixed  stations  operating  on  the  channels  listed  in    22.591  must  not  exceed  150  Watts. 

 38.  The  introductory  paragraph  of  Section  22.601  is  amended  to  read  as  follows: 
   22.601  Assignment  of  microwave  channels. 
 Assignment  of  the  2110-  2130  and  2160-  2180  MHz  channels  (formerly  listed  in    22.591)  is  subject  to  the 
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 transition  rules  in    22.602.  No  new  systems  will  be  authorized  under  this  part. 
 *  *  * 
 39.  The  introductory  paragraph  of  Section  22.602  is  amended  to  read  as  follows: 
   22.602  Transition  of  the  2110-  2130  and  2160-  2180  MHz  channels  to  emerging  technologies. 
 The  2110-  2130  and  2160-  2180  MHz  microwave  channels  (formerly  listed  in    22.591)  have  been  allocated  for  use  by  emerging  technologies  (ET)  services.  No  new  systems  will  be  authorized  under  this 
 part.  The  rules  in  this  section  provide  for  a  transition  period  during  which  existing  Paging  and  Radiotelephone  Service  (PARS)  licensees  using  these  channels  may  relocate  operations  to  other  media  or 
 to  other  fixed  channels,  including  those  in  other  microwave  bands.  For  PARS  licensees  relocating  operations  to  other  microwave  bands,  authorization  must  be  obtained  under  Part  101  of  this  chapter. 

 *  *  * 
 40.  Section  22.625(  a)  is  amended  to  read  as  follows: 
 (a)  928-  960  MHz.  In  this  frequency  range,  the  required  minimum  distance  separation  between  co-channel  fixed  transmitters  is  113  kilometers  (70  miles). 

 41.  Section  22.655(  a)  and  (b)  are  removed,  and  Section  22.655(  c)  is  renumbered  22.655(  a). 
 42.  The  title  of  Section  22.725  is  amended  to  read  as  follows: 
   22.725  Channels  for  conventional  rural  radiotelephone  stations  and  basic  exchange  telephone  radio  systems. 

 43.  The  first  sentence  of  the  introductory  paragraph  of  Section  22.725  is  amended  to  read  as  follows: 
 The  following  channels  are  allocated  for  paired  assignment  to  transmitters  that  provide  conventional  rural  radiotelephone  service  and  to  transmitters  in  basic  exchange  telephone  radio  systems. 

 44.  Section  22.757  is  amended  to  read  in  its  entirety  as  follows: 
   22.757  Channels  for  basic  exchange  telephone  radio  systems. 
 The  channels  listed  in    22.725  are  also  allocated  for  paired  assignment  to  transmitters  in  basic  exchange  telephone  radio  systems. 

 45.  Section  22.805  is  removed. 
 46.  Section  22.815  is  revised  to  read  in  its  entirety  as  follows: 
   22.815  Construction  period  for  general  aviation  ground  stations. 
 The  construction  period  (see    1.946)  for  general  aviation  ground  stations  is  12  months. 
 47.  Section  22.871  is  removed. 
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 48.  Section  22.1003  is  revised  in  its  entirety  to  read  as  follows: 
   22.1003  General  eligibility. 
 Any  entity,  other  than  those  precluded  by  section  310  of  the  Communications  Act  of  1934,  as  amended,  47  U.  S.  C.  310,  is  eligible  to  hold  a  license  under  this  subpart.  Applications  are  granted  only  if  the 
 applicant  is  legally,  financially,  technically  and  otherwise  qualified  to  render  the  proposed  service. 

 Title  47,  Part  90  of  the  Code  of  Federal  Regulations,  47  CFR  Part  90,  is  amended  as  follows: 
 49.  The  authority  citation  for  Part  90  continues  to  read  as  follows: 
 AUTHORITY:  Sections  4(  i),  11,  303(  g),  303(  r),  and  332(  c)(  7)  of  the  Communications  Act  of  1934,  as  amended,  47  U.  S.  C.  154(  i),  161,  303(  g),  303(  r),  332(  c)(  7). 

 50.  Section  90.309(  a)(  1)  is  amended  to  read  as  follows: 
   90.309  Tables  and  figures. 
 (a)  Directions  for  using  the  tables. 
 (1)  Using  the  method  specified  in    1.958  of  this  chapter,  determine  the  distances  (i)  between  the  proposed  land  mobile  base  station  and  the  protected  cochannel  television  station  and  (ii)  between  the 

 proposed  land  mobile  base  station  and  the  protected  adjacent  channel  television  station.  If  the  exact  mileage  does  not  appear  in  table  A  for  protected  cochannel  television  stations  (or  table  B  for  channel  15 
 in  New  York  and  Cleveland  and  channel  16  in  Detroit)  or  table  E  for  protected  adjacent  channel  television  stations,  the  next  lower  mileage  separation  figure  is  to  be  used. 
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