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 Federal  Communications  Commission  FCC  03-  238 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  the  Matter  of 
 Review  of  Part  87  of  the  Commissions  Rules  Concerning  the  Aviation  Radio  Service 
 )  ) 
 )  )  WT  Docket  No.  01-  289 


 REPORT  AND  ORDER  AND  FURTHER  NOTICE  OF  PROPOSED  RULE  MAKING 
 Adopted:  October  6,  2003  Released:  October  16,  2003 
 By  the  Commission: 
 TABLE  OF  CONTENTS 
 Para.  No.  I.  INTRODUCTION  AND  EXECUTIVE  SUMMARY.....................................................................  1 
 II.  BACKGROUND  .............................................................................................................................  4  III.  REPORT  AND  ORDER..................................................................................................................  6 
 A.  Aeronautical  Mobile  Satellite  (Route)  Service  (AMS(  R)  S)  Issues.....................................  6  1.  Updating  of  Technical  Standards  for  AMS(  R)  S  Equipment  .................................  6 
 2.  Expanding  the  Authorization  of  AMS(  R)  S..........................................................  12  B.  Aeronautical  Enroute  Station  Issues  .................................................................................  17 
 C.  Standards  for  Automatic  Station  Logs..............................................................................  25  D.  Equipment  Certification  Issues  .........................................................................................  28 
 1.  Accommodation  of  8.33  kHz  Channel  Spacing  Transmitters..............................  28  2.  Certification  of  Equipment  for  the  Civil  Reserve  Air  Fleet.................................  34 
 3.  Certification  of  Equipment  Requiring  an  FAA  Showing  of  Compatibility  with  the  National  Airspace  System......................................................................  36 
 E.  Amending  License  Terms  of  Non-  Aircraft  Stations.........................................................  39  F.  Amending  Construction  Requirements  of  Non-  Aircraft  Stations.....................................  41 
 G.  Additional  Emission  Types...............................................................................................  42  H.  Removal  of  References  to  the  Civil  Air  Patrol  (CAP)......................................................  46 
 I.  Addition  of  Station  Class  Codes  .......................................................................................  48  J.  Differential  Global  Positioning  System  (DGPS)  ..............................................................  50 
 K.  Aeronautical  Advisory  Station  (Unicom)  Issues  ..............................................................  56  L.  South  San  Diego  Uncontrolled  Airspace  Corridor  Group  ................................................  66 
 M.  Charter  Aircraft  Call  Signs  ...............................................................................................  68  N.  Additional  Issues...............................................................................................................  70 
 1.  Informing  the  Aviation  Community  About  the  Legal  Limits  of  an  Aircraft  License  ...................................................................................................  71 
 2.  Aircraft  Stations  on  Ultralight  Aircraft................................................................  72  3.  Allocation  for  Radiobeacons  ...............................................................................  73 
 4.  Ground  Testing  of  TCAS  on  1090  MHz..............................................................  74  5.  Editorial  Revisions...............................................................................................  75 
 IV.  FURTHER  NOTICE  OF  PROPOSED  RULE  MAKING  .............................................................  76  A.  Universal  Access  Transceiver  Technology.......................................................................  77 
 B.  AMS(  R)  S  Issues  ...............................................................................................................  78 
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 C.  Former  Civil  Air  Patrol  Frequencies.................................................................................  84  D.  Removal  of  the  Radionavigation  Allocation  in  the  Ku-  Band  ...........................................  85 
 E.  HF  Frequency  Bands  ........................................................................................................  86  F.  Increased  Operational  Flexibility......................................................................................  87 
 G.  Emergency  Watch  ELT  ....................................................................................................  88  H.  Station  Identification  of  Aircraft  Operated  by  Maintenance  Personnel............................  90 
 I.  Aircraft  Stations  on  Ultralight  Aircraft.............................................................................  91  J.  Security  Control  of  Air  Traffic  and  Air  Navigation  Aids.................................................  92 
 V.  CONCLUSION..............................................................................................................................  93  VI.  REGULATORY  MATTERS.........................................................................................................  94 
 A.  Ex  Parte  Rules  -  Permit-  But-  Disclose  Proceeding............................................................  94  B.  Final  Regulatory  Flexibility  Certification.........................................................................  95 
 C.  Comment  Dates...............................................................................................................  100  D.  Paperwork  Reduction  Act...............................................................................................  103 
 E.  Ordering  Clauses.............................................................................................................  104  F.  Further  Information.........................................................................................................  108 


 APPENDIX  A:  FINAL  RULES  .......................................................................................................................  A-  1  APPENDIX  B:  PROPOSED  RULES  ..............................................................................................................  B-  1 
 APPENDIX  C:  LIST  OF  COMMENTERS  ..............................................................................................  C-  1  APPENDIX  D:  INITIAL  REGULATORY  FLEXIBILITY  ANALYSIS  ...............................................  D-  1 
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 regarding  aviation  communications.  5  Moreover,  the  FCC,  from  its  earliest  days,  recognized  the  vital  importance  of  its  oversight  of  aviation  communications.  6  The  FCCs  rules  governing  the  Aviation  Radio 
 Service  were  initially  codified  in  Part  9  of  its  Rules,  but  were  moved  to  Part  87  in  1963.  7  Prior  to  the  instant  rulemaking,  the  Part  87  rules  were  subject  to  an  across-  the-  board  review  only  once,  in  1988.  8  To 
 review  developments  that  have  occurred  in  the  interim,  the  NPRM  was  released  on  October  16,  2001.  In  response  to  the  NPRM,  we  received  nine  comments  and  seven  reply  comments.  9 


 III.  REPORT  AND  ORDER 
 A.  Aeronautical  Mobile  Satellite  (Route)  Service  (AMS(  R)  S)  Issues 
 1.  Updating  of  Technical  Standards  for  AMS(  R)  S  Equipment 
 6.  Background.  AMS(  R)  S  10  is  a  radio  service  providing  communications  via  satellite  between  an  aircraft  earth  station  (AES)  11  and  land  stations  or  other  AES.  12  AMS(  R)  S  provides  communications 


 supporting  operational  control  of  both  domestic  and  international  air  traffic.  Such  communications  are  important  to  the  safe,  efficient  and  economical  operation  of  aircraft,  and  may  convey  information  critical 
 to  aviation,  such  as  aircraft  position  reports,  performance,  essential  services  and  supplies,  and  weather  information.  13  Public  correspondence    private  or  personal  messages  of  passengers  or  crew    is 
 prohibited. 
 7.  In  1992,  the  Commission  adopted  technical  standards  and  licensing  procedures  for  AMS(  R)  S.  14  These  requirements  were  based  on  standards  promulgated  by  industry  standard-  setting 


 organizations,  such  as  the  Minimum  Operational  Performance  Standards  (MOPS),  developed  by  RTCA,  Inc.  (RTCA),  15  and  the  Standards  and  Recommended  Practices  (SARPs),  developed  by  the  International 


 5  See  Federal  Radio  Commission,  3  rd  Annual  Report,  at  25  (1929). 
 6  See,  e.  g.,  Federal  Communications  Commission,  3  rd  Annual  Report,  at  68  (1938)  ([  w]  ithout  the  aid  of  radio 
 facilities  authorized  by  the  Commission,  high  speed  passenger  and  air-  mail  service  would  be  impracticable).  7 
 Reorganization  and  Revision  of  Chapter,  Order,  28  Fed.  Reg.  12386,  12388  (1963).  8 
 See  Reorganization  and  Revision  of  Part  87  Governing  the  Aviation  Services,  Report  and  Order,  PR  Docket  No.  87-  215,  3  FCC  Rcd  4171  (1988). 


 9  See  Appendix  C,  infra,  for  names  of  commenters  and  the  acronyms  by  which  they  are  referred  to  herein.  The 
 FAAs  initial  and  reply  comments  were  filed  late,  accompanied  by  requests  for  waivers  of  the  filing  deadlines.  We  grant  the  waiver  requests  and  accept  the  FAAs  comments  in  the  interest  of  having  as  complete  a  record  as  possible 


 upon  which  to  base  the  decisions  in  this  proceeding.  10 
 AMS(  R)  S  was  formerly  referred  to  as  AMSS(  R).  The  (  R)  in  both  terms  indicates  that  the  spectrum  is  used  for  aeronautical  communications  related  to  the  safety  and  regularity  of  flights  primarily  along  national  and  international 


 civil  air  routes.  11 
 The  term  aircraft  earth  station  refers  to  any  mobile  earth  station  in  the  aeronautical  mobile-  satellite  service  located  on  board  an  aircraft.  See  47  C.  F.  R.    87.  5. 


 12  See  The  Establishment  of  Policies  and  Service  Rules  for  the  Mobile  Satellite  Service  in  the  2  GHz  Band,  Report 
 and  Order,  IB  Docket  No.  99-  81,  15  FCC  Rcd  16127,  16154    61  (2000)  (2  GHz  Band  Order).  13 


 See  47  C.  F.  R.    87.  261(  a).  14 
 See  Amendment  of  Part  87  of  the  Commissions  Rules  to  Establish  Technical  Standards  and  Licensing  Procedures  for  Aircraft  Earth  Stations,  Report  and  Order,  PR  Docket  No.  90-  315,  7  FCC  Rcd  5895  (1992)  (AES  Order). 


 15  RTCA  is  an  FAA-  sponsored  association  of  aeronautical  organizations  with  diverse  membership.  Organized  in 
 1935  as  the  Radio  Technical  Commission  for  Aeronautics,  RTCA  today  includes  over  200  government,  industry,  and  academic  organizations  from  the  United  States  as  well  as  other  nations,  who  seek  technical  solutions  to 


 problems  involving  the  application  of  electronics  and  telecommunications  to  aeronautical  operations.  The  findings  (continued....) 
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 Civil  Aviation  Organization  (ICAO).  16 
 8.  Observing  that  the  AMS(  R)  S  technical  standards  in  Part  87  had  not  been  amended  since  1992  although  frequent  updates  had  been  made  to  the  relevant  MOPS  and  SARPs,  the  Commission  proposed  in 


 the  NPRM  to  revise  Sections  87.131  and  87.139(  i)  of  the  Commissions  Rules.  17  The  proposed  rule  changes  were  intended  to  ensure  that  the  Part  87  AMS(  R)  S  technical  standards  comport  with  current 
 industry  standards.  18  Specifically,  the  Commission  proposed  to  amend  Section  87.131  to  increase  the  allowable  maximum  output  power  of  AES  from  sixty  watts  to  eighty  watts.  19  The  Commission  reasoned 
 that  the  eighty-  watt  maximum  is  the  correct  value,  given  that  output  power  is  measured  at  the  output  of  the  high  power  amplifier  (HPA),  before  factoring  in  losses  from  RF  cable  and  diplexer  filtering.  20  The 
 Commission  proposed  to  amend  Section  87.139(  i)  so  that  the  emission  limits  set  forth  therein  would  be  consistent  with  the  most  recent  industry  standards.  In  addition,  it  sought  to  eliminate  provisions  that 
 duplicate  standards  established  by  the  FAA  in  its  Technical  Standards  Order  governing  AMS(  R)  S.  21 
 9.  Discussion.  Based  on  our  review  of  the  record  in  this  proceeding,  we  now  believe  that  the  current  sixty-  watt  maximum,  reflected  in  Section  87.131,  should  be  retained.  Honeywell  and  Rockwell 


 Collins,  the  only  parties  commenting  on  this  issue,  agree  that  retention  of  the  sixty-  watt  maximum  is  appropriate.  22  As  they  correctly  note,  the  Commissions  premise  for  proposing  the  increase  to  eighty 
 watts  was  that  the  reference  point  for  the  power  measurement  is  the  output  of  the  HPA,  as  is  typically  specified  in  the  Commissions  Rules.  However,  we  now  believe  that  in  this  case  the  reference  point 
 should  remain  at  the  level  of  input  port  to  the  antenna  subsystem  because  given  the  current  state  of  transmitter  technology  it  would  not  be  possible  for  industry  to  meet  spurious  and  harmonic  emission 
 requirements  at  the  HPA  output  without  the  filtering  provided  by  the  diplexer.  23  Moreover,  we  believe  that  retaining  the  sixty-  watt  maximum  with  measurement  at  the  input  port  of  the  antenna  subsystem  better 
 conforms  to  relevant  RTCA  and  ICAO  specifications.  24  We  therefore  retain  the  maximum  allowable  value  of  sixty  watts,  and  revise  footnote  8  of  Section  87.131  in  order  to  clarify  that  the  maximum  average 
 output  power  for  aircraft  earth  stations  may  not  exceed  sixty  watts,  as  measured  at  the  input  port  of  the  antenna  subsystem,  including  any  installed  diplexer.  25  This  amendment  provides  clear  guidance  to 


 (...  continued  from  previous  page)  of  RTCA  are  in  the  nature  of  recommendations  to  all  organizations  concerned.  While  RTCA  is  not  a  government 
 agency,  its  Special  Committees  act  under  the  Federal  Advisory  Committee  Act  and  its  findings  and  recommendations  are  often  adopted  and  turned  into  policy  by  government  agencies. 
 16  ICAO  is  an  international  body,  operating  under  the  auspices  of  the  United  Nations,  that  develops  standards  and 
 recommended  practices  for  international  application  in  civil  air  navigation.  Its  recommendations,  in  part,  serve  as  the  basis  for  the  Aviation  Radio  Service  rules.  See  47  C.  F.  R.    87.  1(  a)(  3). 


 17  47  C.  F.  R.    87.  131,  87.  139(  i). 
 18  NPRM,  16  FCC  Rcd  at  19009    7. 
 19  NPRM,  16  FCC  Rcd  at  19009    8. 
 20  Id. 
 21  Id.  at  19009    9. 
 22  Honeywell  Comments  at  1-  2;  Rockwell  Collins  Comments  at  2-  3. 
 23  See  Honeywell  Comments  at  2;  Rockwell  Collins  Comments  at  3. 
 24  Id. 
 25  Honeywell  suggests  a  revision  to  n.  8  of  47  C.  F.  R.    87.  131  that  goes  beyond  merely  clarifying  that  the  reference 
 point  for  the  power  measurement  is  at  the  level  of  input  to  the  antenna  subsystem.  In  particular,  Honeywell  seeks  to  revise  the  second  sentence  of  the  footnote  and  to  add  a  third  sentence,  which  collectively  would  read  as  follows: 


 The  maximum  EIRP  generated  by  the  maximum  power  into  the  antenna  port  and  the  maximum  designed  antenna  gain  may  not  exceed  2000  watts.  The  maximum  average  output  power  under  closed-  loop  gain  control  may  not 
 (continued....) 
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 avionics  equipment  manufacturers,  is  reflective  of  the  relevant  international  standards,  and  continues  to  serve  the  purpose  for  which  the  restriction  was  established.  26 
 10.  With  respect  to  the  emission  limits,  we  adopt  the  proposed  amendment  of  Section  87.  139(  i)  set  forth  in  the  NPRM.  27  Commenters  agree  that  our  proposal  appropriately  aligns  the  rule  with  the 
 emission  limits  set  forth  in  RTCA  DO-  210D  Change  1.  28  Honeywell  and  Rockwell  Collins  also  suggest  that  we  add  footnotes  to  the  rule  to  reflect  notes  5  and  6  in  RTCA  DO-  210D  Change  1.  29  We  will  do  so, 
 in  keeping  with  our  objective  of  making  the  rule  consistent  with  current  industry  standards. 
 11.  Honeywell  and  Rockwell  Collins  state  that  some  of  the  values  set  forth  in  the  proposed  amendment  of  Section  87.139(  i)  in  Appendix  A  to  the  NPRM  should  be  listed  as  negative  values.  30  All  of 


 the  values  in  the  proposed  amendment  to  Section  87.139(  i)  set  forth  in  Appendix  A  to  the  NPRM,  as  in  the  current  rule,  were  listed  as  positive  values  (in  contrast  to  the  negative  values  found  in  the  analogous 
 table  in  RTCA/  DO-  210D).  Positive  values  were  listed  in  light  of  the  Commissions  proposed  footnote  1  to  the  table,  which  states  that  [  t]  hese  values  are  expressed  in  dB  below  the  carrier  referenced  to  the 
 bandwidth  indicated.  (Emphasis  added.)  However,  upon  further  reflection,  we  believe  it  would  better  advance  our  goal  of  aligning  Section  87.  139(  i)  with  RTCA/  DO-  210D  Change  1  if  all  of  the  values  in  the 
 table  were  expressed  as  negative  values  and  footnote  1  were  rewritten  to  specify  that  the  values  are  expressed  in  dB  referenced  to  the  carrier  for  the  bandwidth  indicated.  Our  final  amendment  of  the  rule 
 accords  with  this  determination.  Finally,  we  decline  to  take  any  action  on  Honeywells  request  that  the  Commission  review  the  requirements  of  RTCA/  DO-  210D  Change  1,  item  19,  and  determine  how  to 
 appropriately  reflect  those  requirements  in  Part  87.  31  Item  19  effectively  establishes  a  guard  band  of  five  megahertz  between  AMS(  R)  S/  AMSS  aircraft-  to-  satellite  transmissions  governed  by  RTCA/  DO-  210D,  on 
 the  one  hand,  and  the  upper  edge  of  the  so-  called  Big  LEO  band  at  1610-  1626.5  MHz,  on  the  other.  This  issue  affects  satellite  system  operators  and  Part  25  regulatory  requirements  as  much  as  it  does  Part 
 87  licensees  and  Part  87  regulatory  requirements,  and  is  in  the  nature  of  an  allocation  issue  that  we  believe  should  be  addressed  in  a  broader  rulemaking  than  one  focused  just  on  the  Part  87  regulations.  We 
 therefore  conclude  that  Honeywells  request  is  beyond  the  scope  of  this  proceeding. 


 (...  continued  from  previous  page)  exceed  630  watts.  Honeywell  Comments  at  2.  We  decline  to  adopt  this  proposed  language  because  we  find  it 
 unnecessary  to  clarify  the  rule  beyond  indicating  that  the  proper  reference  point  for  the  power  measurement  is  after  the  diplexer;  moreover,  Honeywells  explanation  for  this  proposed  language  is  unclear.  Honeywell  does  not 
 explain,  for  example,  its  derivation  of  the  proposed  630-  watt  limitation.  26 
 See  AES  Order,  7  FCC  Rcd  at  5898    19.  27 
 Honeywell,  Rockwell  Collins  and  Inmarsat  support  this  action.  See  Honeywell  Comments  at  2-  3;  Rockwell  Collins  Comments  at  3-  4;  Inmarsat  Reply  Comments  at  1. 


 28  Minimum  Operational  Performance  Standards  for  Geosynchronous  Orbit  Aeronautical  Mobile  Satellite  Services 
 (AMSS)  Avionics,  Change  No.  1  to  RTCA/  DO-  210D  (RTCA,  Inc.  2000).  29 
 Honeywell  Comments  at  3;  Rockwell  Collins  Comments  at  4.  Note  5  specifies,  with  respect  to  the  frequency  bands  1610.  6-  1613.  8  MHz,  1626.  5-  1660  MHz,  and  1660-  1660.  5  MHz,  that  the  specified  attenuation  level  is  not 


 applicable  to  intermodulation  products.  Note  6  specifies  that,  with  respect  to  the  1626.  6-  1660  MHz  and  1660-1660.  5  MHz  bands,  the  upper  limit  for  the  excess  power  for  any  narrow-  band  spurious  emission  (excluding 
 intermodulation  products)  within  a  30  kHz  measurement  bandwidth  shall  be  10  dB  above  the  power  limit  specified  in  the  table. 
 30  Honeywell  Comments  at  2-  3;  Rockwell  Collins  Comments  at  4. 
 31  Honeywell  Comments  at  4. 
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 2.  Expanding  the  Authorization  of  AMS(  R)  S 
 12.  Background.  The  Commission  allocated  spectrum  for  the  Mobile  Satellite  Service  (MSS)  32  in  1986,  determining  that  MSS  operations  could  share  spectrum  with  AMS(  R)  S  operations.  33  The 


 Commission  allocated  the  1549.  5-  1558.5  MHz  and  1651-  1660  MHz  bands  on  a  co-  primary  basis  to  the  MSS  and  AMS(  R)  S,  but  granted  the  AMS(  R)  S  priority  and  real-  time  preemptive  access  to  the  spectrum.  34 
 The  Commission  also  allocated  the  1545-  1549.5  MHz  and  1646.5-  1651  MHz  bands  to  the  AMS(  R)  S  on  a  primary  basis,  with  the  MSS  secondary  in  these  bands.  35 


 13.  Presently,  Part  87  governs  use  of  the  1545-  1559  MHz  and  1646.5-  1660.5  MHz  bands  for  AMS(  R)  S.  36  However,  spectrum  also  is  allocated  to  AMS(  R)  S  on  a  primary  basis,  both  domestically  and 
 internationally,  in  the  1610-  1626.5  MHz  and  5000-  5150  MHz  bands.  37  The  1610-  1626.  5  MHz  and  5000-  5150  MHz  bands  are  regulated  under  Part  25  of  the  Commissions  Rules.  38  While  Part  87  Rules  and 
 footnote  US308  specify  that  AMS(  R)  S  communications  are  to  have  priority  and  preemptive  access  over  other  MSS  use  in  the  1549.5-  1558.5  MHz  and  1651-  1660  MHz  bands,  39  Part  25  does  not  provide  such 
 priority  and  preemptive  access  for  AMS(  R)  S  in  the  1610-  1626.5  MHz  and  5000-  5150  MHz  bands. 
 14.  In  the  NPRM,  the  Commission  requested  comment  on  whether  use  of  the  1610-  1626.5  MHz  and  5000-  5150  MHz  bands  for  AMS(  R)  S  should  be  authorized  under  Part  87.  40  The  Commission  stated 


 that  such  an  amendment  would  make  the  regulatory  treatment  and  licensing  of  the  1610-  1626.  5  MHz  and  5000-  5150  MHz  bands  more  consistent  with  the  regulatory  treatment  and  licensing  of  the  1646.5-  1660.5 
 MHz  band.  41  Further,  the  Commission  sought  comment  on  whether  to  provide  for  priority  and  real-  time  preemptive  access  for  AMS(  R)  S  in  the  1610-  1626.5  MHz  and  5000-  5150  MHz  bands.  In  the  NPRM,  the 
 Commission  indicated  that  it  was  inclined  against  extending  priority  and  real-  time  preemptive  access  to 


 32  Mobile  Satellite  Service  is  a  radio  communication  service  between  mobile  earth  stations  and  one  or  more  space 
 stations.  See  47  C.  F.  R.    2.  1.  A  mobile  earth  station  is  an  earth  station  intended  for  use  while  in  motion  or  during  halts  at  unspecified  points.  See  47  C.  F.  R.    25.  201. 


 33  See  Amendment  of  Parts  2  and  22  of  the  Commissions  Rules  Relative  to  Cellular  Communications  Systems, 
 Report  and  Order,  Gen.  Docket  Nos.  84-  1231,  84-  1233,  84-  1234,  2  FCC  Rcd  1825,  1844-  45    154-  155  (1986)  (MSS  Allocation  Order). 


 34  The  priority  and  real-  time  preemptive  access  accorded  to  the  AMS(  R)  S  in  the  1549.5-  1558.5  MHz  and  1651-  1660 
 MHz  bands  is  reflected  in  footnote  US308  to  the  Section  2.106  Table  of  Frequency  Allocations.  47  C.  F.  R.    2.  106  n.  US308. 


 35  See  MSS  Allocation  Order,  2  FCC  Rcd  at  1844-  45    154-  155  (1986). 
 36  See  47  C.  F.  R.    87.187(  q).  The  1545-  1559  MHz  band  is  allocated  for  space-  to-  Earth  transmission,  while  the 
 1646.5-  1660.5  MHz  band  is  allocated  for  Earth-  to-  space  transmission.  37 
 See  International  Telecommunication  Union  Radio  Regulations,  Volume  1,  Geneva,  2001,  ISBN  92-  61-  09361-  2  (ITU  Radio  Regulations)  n.  5.367;  47  C.  F.  R.    2.106  n.  5.  367.  While  the  5150-  5250  MHz  band  and  the  15.  4-  15.7 


 GHz  band  had  also  been  allocated  domestically  to  AMS(  R)  S  on  a  primary  basis,  the  Commission  deleted  those  AMS(  R)  S  allocations  in  early  2002,  following  the  recommendation  of  the  1995  World  Radiocommunication 
 Conference  (WRC-  95).  See  Amendment  of  Parts  2,  25  and  97  of  the  Commissions  Rules  with  Regard  to  the  Mobile-  Satellite  Service  Above  1  GHz  Report  and  Order,  ET  Docket  98-  142,  17  FCC  Rcd  2658,  2660    3  (2002). 
 38  See  47  C.  F.  R.    25.  202(  a). 
 39  See  47  C.  F.  R.    2.  106  n.  US308,  87.  187(  q),  87.  189(  d). 
 40  NPRM,  16  FCC  Rcd  at  19010    11. 
 41  Id. 
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 the  1610-  1626.  5  MHz  and  5000-  5150  MHz  bands  because  the  ITU  had  not  done  so.  42 
 15.  Discussion.  At  this  time,  we  decline  to  amend  the  Rules  to  provide  the  additional  AMS(  R)  S  allotment  in  Part  87  or  expand  the  reach  of  footnote  US308.  Although  the  commenters  are  in  unanimous 


 agreement  that  we  should  amend  Part  87  to  provide  for  the  use  of  the  1610-  1626.5  MHz  and  5000-  5150  MHz  bands  for  AMS(  R)  S,  43  they  are  deeply  divided  on  the  question  of  whether  we  should  extend  the 
 protections  of  priority  and  real-  time  preemptive  access  to  AMS(  R)  S  in  those  bands.  The  proponents  of  priority  and  real-  time  preemptive  access    the  FAA,  ARINC/  ATA,  and  Rockwell  Collins    argue  that  the 
 same  safety  considerations  that  support  giving  priority  and  preemptive  access  to  AMS(  R)  S  communications  in  the  1545-  1559  MHz  and  1646.5-  1660.5  MHz  bands  militate  in  favor  of  doing 
 likewise  in  the  1610-  1626.  5  MHz  and  5000-  5150  MHz  bands.  44  On  the  other  hand,  Boeing  and  Globalstar  contend  that  such  a  mandate  is  unnecessary  and  may  be  counterproductive,  because  intra-network 
 priority  and  preemptive  access  for  AMS(  R)  S  communications  can  be  achieved  without  a  Commission  mandate.  Specifically,  they  suggest  alternative  means  such  as  FAA  regulations,  RTCA 
 standards,  the  ITU  Radio  Regulations  or  contractual  arrangements.  45 
 16.  Subsequent  to  the  adoption  of  the  Notice  of  Proposed  Rule  Making  in  this  proceeding,  the  Commission  released  a  Notice  of  Proposed  Rule  Making  in  ET  Docket  No.  02-  305,  46  in  which  it  proposes 


 to  alter  the  existing  MSS  and  AMS(  R)  S  allocations  in  the  1545-  1559  MHz  and  1646.5-  1660.  5  MHz  bands.  Specifically,  the  Commission  has  proposed  to  establish  a  primary,  generic  MSS  allocation  in  the 
 bands  1545-  1549.5  MHz,  1558.  5-  1559  MHz,  1646.5-  1651  MHz,  and  1660-  1660.5  MHz,  and  to  delete  as  superfluous  the  AMS(  R)  S  allocations  in  the  bands  1549.5-  1558.  5  MHz  and  1651-  1660  MHz.  47  Given  the 
 pendency  of  these  proposals  to  alter  the  treatment  of  AMS(  R)  S  in  the  L-  band  48  under  the  Part  2  Table  of  Frequency  Allocations,  we  believe  it  would  be  premature  to  create  a  new  Part  87  designation  for 
 AMS(  R)  S  in  the  1610-  1626.5  MHz  and  5000-  5150  MHz  bands  or  to  extend  the  protections  of  priority  and  preemptive  access  to  AMS(  R)  S  operations  in  those  bands.  The  Commission  indicated  in  the  NPRM 
 that  it  would  consider  adding  an  allocation  for  AMS(  R)  S  in  the  1610-  1626.5  MHz  and  5000-  5150  MHz  bands  under  Part  87  in  order  to  make  the  regulatory  treatment  of  AMS(  R)  S  in  these  bands  more  consistent 
 with  the  regulatory  treatment  of  AMS(  R)  S  in  the  L-  band  frequencies  already  covered  by  Part  87.  49  Accordingly,  we  believe  it  would  be  prudent  to  defer  acting  on  this  issue  in  this  proceeding  until  a 
 decision  is  reached  in  ET  Docket  No.  02-  305  on  whether  those  L-  band  allocations  for  AMS(  R)  S  should  be  modified.  When  we  again  address  this  issue,  it  will  be  incumbent  on  the  proponents  of  priority  and 
 preemptive  access  to  clearly  demonstrate  why  it  is  essential  that  AMS(  R)  S  be  accorded  such  enhanced 
 42  Id.  at  19010  n.  24. 
 43  See  ARINC/  ATA  Comments  at  7-  8;  Boeing  Comments  at  5-  7;  FAA  Comments  at  1,  3;  Globalstar  Reply 
 Comments  at  3-  8;  Rockwell  Collins  Comments  at  5.  44 
 FAA  Comments  at  1,  3;  ARINC/  ATA  Comments  at  7-  8;  Rockwell  Collins  Comments  at  5.  45 
 Boeing  Comments  at  5-  7;  Globalstar  Reply  Comments  at  3-  8;  Boeing  Reply  Comments  at  2-  6.  46 
 Amendment  of  Parts  2,  25,  and  87  of  the  Commission's  Rules  to  Implement  Decisions  from  World  Radiocommunication  Conferences  Concerning  Frequency  Bands  Between  28  MHz  and  36  GHz  and  to  Otherwise 


 Update  the  Rules  in  this  Frequency  Range,  Notice  of  Proposed  Rule  Making,  ET  Docket  No.  02-  305,  17  FCC  Rcd  19756  (2002). 
 47  Id.,  17  FCC  Rcd  at  19763    17-  18.  The  Commission  has  held  that  AMS(  R)  S  may  be  provided  in  any  frequency 
 band  in  which  there  is  an  allocation  for  generic  MSS  since  AMS(  R)  S  is  viewed  as  a  subcategory  of  MSS.  See  2  GHz  Band  Order,  15  FCC  Rcd  at  16154-  55    62,  64. 


 48  In  the  past,  the  L-  band  referred  to  the  spectrum  between  1  and  2  GHz.  See  MSS  Allocation  Order,  2  FCC  Rcd  at 
 1861  n.  6.  Here,  however,  references  to  the  L-  band  are  intended  to  cover  only  the  bands  allocated  to  AMS(  R)  S  and/  or  MSS  between  1545  MHz  and  1660.5  MHz. 


 49  NPRM,  16  FCC  Rcd  at  19010    11. 
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 access  to  the  spectrum  resource  vis-  -  vis  other  services. 
 B.  Aeronautical  Enroute  Station  Issues 
 17.  Background.  Aeronautical  enroute  stations  are  used  for  air-  ground  operational  control  communications  to  aircraft  along  domestic  or  international  air  routes,  and  may  not  be  used  for  public 


 correspondence.  50  Airlines  and  other  companies  that  maintain  fleets  of  aircraft  use  these  stations  to  satisfy  certain  FAA  requirements.  In  the  case  of  large  trunk  air  carriers,  these  stations  are  used  for 
 maintaining  reliable  communications  between  each  aircraft  and  the  appropriate  dispatch  office.  In  the  case  of  small  airlines  and  large  commercial  aircraft  operations,  aeronautical  enroute  stations  are  used  for 
 maintaining  flight-  following  systems.  51 
 18.  When  commercial  aviation  was  still  in  its  infancy,  it  was  recognized  that  there  was  not  sufficient  suitable  spectrum  available  to  allow  each  aviation  organization  to  have  its  own  chain  of  radio 


 stations  to  provide  aeronautical  enroute  coverage  along  its  various  air  routes.  52  With  encouragement  from  the  Federal  Radio  Commission,  early  air  transport  companies  adopted  a  plan  calling  for  coordination  and 
 cooperation  in  the  use  of  the  available  aeronautical  enroute  frequencies.  53  To  implement  that  plan,  ARINC  was  incorporated  in  1929  as  a  private  communications  company  dedicated  to  serving  the  air 
 transport  industry  on  a  non-  profit,  cost-  sharing  basis.  54  ARINC  is  the  licensee  of  all  domestic  network  55  aeronautical  enroute  stations  in  the  continental  United  States 


 19.  Section  87.261(  c)  of  the  Commissions  Rules  specifies  that,  except  in  Alaska,  only  one  aeronautical  enroute  licensee  may  be  authorized  at  any  one  location.  56  In  1981,  the  Commission  affirmed 
 the  continuing  validity  of  the  rationale  for  this  one-  licensee-  per-  location  rule.  In  this  regard,  the  Commission  noted  that  ARINCs  stewardship  of  the  aeronautical  enroute  spectrum  provides  a  number  of 
 public  benefits,  including  (1)  cost-  based  rates,  (2)  better  management  of  communications  networks,  (3)  efficient  spectrum  use,  and  (4)  incentives  for  research  and  development.  57  In  the  1981  Order,  the 
 Commission  described  a  number  of  negative  consequences  that  it  believed  would  result  from  eliminating  the  one  licensee  per  location  rule,  including  reduced  spectral  efficiency,  reduced  usefulness  of  the 
 industry  database,  greater  difficulty  in  coordinating  frequency  assignments,  increased  congestion  and  interference,  and  greater  difficulty  in  the  planning  and  implementation  of  new  techniques  and 


 50  See  47  C.  F.  R.    87.  261(  a). 
 51  See  14  C.  F.  R.    121.  99,  121.125. 
 52  See  Amendment  of  Part  87  to  Clarify  the  Aeronautical  Enroute  Station  Rules  and  Provide  Two  Additional 
 Frequencies  for  Use  by  Small  Aircraft  Operating  Agencies,  Report  and  Order,  PR  Docket  80-  243,  87  FCC  2d  382,  384    9  (1981)  (Aeronautical  Enroute  Order  or  1981  Order  ). 


 53  Id. 
 54  Id.  ARINCs  principal  stockholders  as  well  as  principal  customers  are  the  U.  S.  scheduled  airlines,  but  it  provides 
 its  services  to  all  aircraft  operators,  including  foreign  airlines,  business  entities  and  private  individuals.  55 
 Functionally,  U.  S.  aeronautical  enroute  stations  can  be  classified  in  two  basic  categories,  network  stations  and  local  area  stations.  A  network  consists  of  a  group  of  interconnected  (via  private  lines  and/  or  microwave  circuits) 


 enroute  stations  operating  on  the  same  frequency  and  serving  a  given  flight  route.  Alternatively,  numerous  other  licensed  enroute  stations  sharing  the  same  frequency  band  are  not  part  of  an  enroute  network;  these  off-  net  VHF 
 stations  provide  local  area  service  and  are  usually  located  at  an  airport.  56 
 47  C.  F.  R.    87.261(  c).  In  Alaska,  one  aeronautical  enroute  station  licensee  in  the  domestic  service  and  one  aeronautical  enroute  station  licensee  in  the  international  service  may  be  authorized  at  any  one  location.  Location  for 


 the  purposes  of  this  rule  is  defined  as  the  area  which  can  be  adequately  served  by  the  particular  station.  Id.  57 
 Aeronautical  Enroute  Order,  87  FCC  2d  at  386    16. 
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 configurations.  58 
 20.  In  1997,  Socit  Internationale  de  Tlcommunications  Aronautiques  (SITA),  which  provides  aeronautical  enroute  services  in  Europe,  asked  the  Commission  to  consider  whether  the  one- 


 licensee-  per-  location  limitation  comports  with  U.  S.  policy  in  meeting  our  countrys  commitments  under  the  World  Trade  Organization  (WTO)  Basic  Telecommunications  Agreement,  which  had  been  finalized 
 earlier  that  year.  59  SITA  noted  that  most  countries  impose  no  limitation  on  the  number  of  aeronautical  enroute  licensees  authorized  per  location.  Further,  it  argued  that  allowing  more  than  one  aeronautical 
 enroute  licensee  per  location  in  the  United  States  would  introduce  competition  into  the  aeronautical  enroute  service  market,  producing  a  number  of  benefits.  60  The  Commission  declined  to  address  SITAs 
 request  at  that  time,  but  stated  that  it  would  seek  comment  on  this  issue  in  a  separate  proceeding.  61 
 21.  In  the  NPRM,  the  Commission  invited  comment  on  whether  Section  87.261(  c)  of  the  Commissions  Rules  should  be  amended  to  allow  more  than  one  aeronautical  enroute  licensee  at  a  given 


 location.  62  Commenters  were  asked  to  specifically  address  whether  the  introduction  of  competition  into  this  service  would  create  the  benefits  described  by  SITA  in  its  1997  pleadings,  or  whether  allowing  more 
 than  one  licensee  in  the  same  location  would  produce  the  negative  effects  noted  by  the  Commission  in  the  1981  Order.  63 


 22.  Discussion.  We  agree  with  ARINC/  ATA  that  the  current  one-  licensee-  per-  location  limitation  should  remain  intact.  In  this  connection,  we  find  it  significant  that  the  current  rule  has  worked 
 exceedingly  well  over  the  years,  fostering  safety,  efficiency,  competition,  innovation  and  growth.  64  We  further  agree  with  ARINC/  ATA  that  the  one-  licensee-  per-  location  restriction  is  consistent  with  U.  S. 
 obligations  under  the  WTO  Basic  Telecommunications  Agreement.  In  this  regard,  we  note  ARINCs  statement  that  it  treats  foreign  operators  the  same  as  domestic  service  providers  who  seek  to  use  ARINC-licensed 
 frequencies  for  purpose  of  providing  aeronautical  enroute  service.  65  Notably,  it  appears  that  ARINC  already  provides  SITA  with  access  to  aeronautical  enroute  spectrum  on  an  equitable  basis.  66 
 Moreover,  we  continue  to  believe  that  the  one-  licensee-  per-  location  rule  permits  coordination  that  provides  for  efficient  sharing  of  the  spectrum.  As  ARINC/  ATA  suggests,  we  are  concerned  that 
 eliminating  the  rule  may  harm  competition  because  it  would  provide  incentives  for  warehousing  frequencies,  would  impair  long-  term  planning  by  the  industry,  and  would  not  lower  the  cost  of 
 aeronautical  enroute  service  since  such  service  is  already  offered  on  a  cost  recovery  basis.  67  We  also  find  it  decisionally  significant  that  SITA,  the  only  other  commenter  to  address  this  issue,  no  longer  is 
 requesting  repeal  of  the  one-  licensee-  per-  location  limitation,  but  rather  takes  the  position  that  the  Commission  can  allow  the  one  licensee  to  a  market  rule  to  remain  in  effect,  so  long  as  it  explicitly 


 58  Id.  at  386-  87    17. 
 59  See  Rules  and  Policies  on  Foreign  Participation  in  the  U.  S.  Telecommunications  Market,  Report  and  Order  and 
 Order  on  Reconsideration,  IB  Docket  97-  142,  12  FCC  Rcd  23891,  23939    110  (1997)  (WTO  Proceeding).  60 
 See  NPRM,  16  FCC  Rcd  at  19012    15,  and  SITA  pleadings  cited  therein.  61 
 WTO  Proceeding,  12  FCC  Rcd  at  23942    118.  62 
 NPRM,  16  FCC  Rcd  at  19013    16.  63 
 See  id.  64 
 ARINC/  ATA  Comments  at  3-  8,  14-  17;  ARINC/  ATA  Reply  Comments  at  4-  5.  65 
 ARINC/  ATA  Comments  at  8-  14.  66 
 Id.  at  11-  12.  67 
 Id.  at  17-  19. 
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 assigns  a  frequency  coordinator  role  to  ARINC  with  specific  nondiscrimination  obligations.  68 
 23.  We  continue  to  believe  that  the  public  interest  is  served  by  maintaining  the  one-  licensee-  per-  location  limitation  in  the  aeronautical  enroute  service.  The  spectrum  scarcity  that  led  to  the  promulgation 


 of  the  one-  licensee-  per-  location  rule  is  still  a  reality  in  the  aeronautical  enroute  service  and,  more  broadly,  in  the  Aviation  Radio  Service.  The  record  indicates  that  central  coordination  of  the  aeronautical  enroute 
 spectrum  by  the  civil  aviation  industry  continues  to  offer  significant  benefits  in  terms  of  efficiency  and  innovation. 


 24.  We  decline  to  adopt  SITAs  proposal  to  amend  Section  87.  261  to  codify  nondiscrimination  requirements  for  ARINC  69  because  we  have  not  been  presented  with  empirical  evidence  of  any  real-  life 
 problem  that  requires  a  regulatory  response.  We  note  that  ARINC/  ATA  asserts,  and  SITA  does  not  dispute,  that  ARINC  has  equitably  facilitated  the  entry  of  competing  enroute  communications  service 
 providers,  and  has  not  rejected  requests  for  access  to  the  spectrum  on  grounds  of  unavailability.  70  SITA  acknowledges  that  it  has  gained  access  to  the  U.  S.  market  through  the  use  of  ARINC-  licensed  spectrum.  71 
 Given  that  SITAs  proposal  appears  to  address  a  theoretical  concern,  we  believe  it  unnecessary  to  amend  the  rule  in  response  thereto.  We  nonetheless  note  our  expectation  that  ARINC  would  continue  to 
 coordinate  the  aeronautical  enroute  spectrum  in  an  equitable  manner,  without  discrimination  and  on  a  cost  recovery  basis,  and  to  endeavor  to  provide  access  to  the  spectrum  to  all  who  seek  such  access,  to  the 
 extent  technically  feasible.  72  We  would  be  very  concerned  if  information  came  to  us  indicating  that  ARINC  was  departing  from  its  historical  practices  with  respect  to  providing  reasonable  nondiscriminatory 
 access  to  the  aeronautical  enroute  spectrum  for  which  it  is  licensed.  SITA,  of  course,  may  file  a  complaint  with  the  Commission  if  it  has  objective  information  and/  or  evidence  that  ARINC  is  acting  in  a 
 manner  inconsistent  with  the  Commissions  rules  and  policies,  including  those  reiterated  herein.  73  We  reserve  the  discretion  to  revisit  this  issue  should  future  developments  so  warrant. 


 68  In  its  comments,  SITA  contends  that,  in  addition  to  imposing  specific  nondiscrimination  obligations  on  ARINC, 
 the  Commission  should  ensure  that  ARINCs  frequency  coordination  role  is  independent  of  its  service  provider  operations  by  requiring  Aeronautical  Radio,  Inc.,  the  ARINC  subsidiary  that  performs  frequency  coordination,  to  be 


 governed  by  an  independent  Board  of  Directors  consisting  of  aircraft  operator  representatives  and  excluding  any  representatives  or  officers  of  service  providers  that  use  aeronautical  enroute  spectrum.  SITA  Comments  at  6.  In  its 
 reply  comments,  however,  SITA  presses  only  for  the  codification  of  nondiscrimination  obligations.  See  SITA  Reply  Comments  at  2-  6. 
 69  Id. 
 70  ARINC/  ATA  Comments  at  8  (  Satisfying  requests  for  new  frequency  assignments  can  require  significant 
 coordination  efforts  by  ARINC,  including  changing  existing  frequency  assignments,  but  all  requests  that  satisfy  the  appropriate  requirements  are  met.). 


 71  SITA  Comments  at  3  &  n.  6;  SITA  Reply  Comments  at  4. 
 72  While  SITA  correctly  notes  that  the  Commission  typically  has  imposed  nondiscrimination  requirements  on 
 frequency  coordinators  and  band  managers,  it  is  also  true  that  the  Commission  has  not  always  codified  those  requirements.  For  example,  nondiscrimination  and  other  requirements  for  700  MHz  guard  band  managers  were 


 codified.  See  47  C.  F.  R.  27.  603.  However,  nondiscrimination  requirements  for  the  frequency  coordinators  of  Part  90  private  land  mobile  radio  services  have  not  been  codified,  but  were  set  forth  as  a  non-  codified  policy  in  the  text 
 of  a  rulemaking  order.  See  Frequency  Coordination  in  the  Private  Land  Mobile  Radio  Services,  Report  and  Order,  PR  Docket  No.  83-  737,  103  FCC  2d  1093,  1101-  02    18  (1986);  see  also  47  C.  F.  R.    90.  175. 
 73  See  Establishment  of  Rules  Governing  Procedures  to  Be  Followed  When  Informal  Complaints  Are  Filed  by 
 Consumers  Against  Entities  Regulated  by  the  Commission,  Memorandum  Opinion  and  Order  and  Notice  of  Proposed  Rule  Making,  CI  Docket  No.  02-  32,  17  FCC  Rcd  3919  (2002);  see  also  47  C.  F.  R.    0.141.  Alternatively, 


 SITA  could  also  seek  redress  through  a  petition  for  a  declaratory  ruling.  See  47  C.  F.  R.    1.2. 
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 C.  Standards  for  Automatic  Station  Logs 
 25.  Background.  Section  87.109  of  the  Commissions  Rules  provides  that  a  station  at  a  fixed  location  in  the  international  aeronautical  mobile  service  must  maintain  a  written  or  automatic  log  in 


 accordance  with  Paragraph  3.5,  Volume  II,  Annex  10  of  the  ICAO  Convention.  74  Annex  10  of  the  ICAO  Convention  contains  specific  guidelines  only  for  written  station  logs,  not  computer-  generated  automatic 
 station  logs.  In  2000,  ARINC  asked  the  Commission  to  clarify  whether  stations  must  maintain  a  separate  Sign  In  and  Out  Log  when  utilizing  automatic  logs.  75  According  to  ARINC,  a  separate  Sign  In  and  Out 
 Log  is  redundant  because  automated  station  logs  electronically  indicate  radio  operators  as  on  and  off  at  the  position  they  work  during  a  shift.  76 


 26.  In  the  NPRM,  the  Commission  proposed,  as  a  preliminary  matter,  to  eliminate  the  specific  reference  to  Paragraph  3.5,  Volume  II,  Annex  10  of  the  ICAO  Convention,  and  replace  it  with  a  more 
 abbreviated  reference  to  Annex  10  of  the  ICAO  Convention.  The  Commission  believed  that  removing  the  reference  to  the  specific  paragraph  would  minimize  the  effect  on  the  Commissions  Rules  of  changes  to 
 that  specific  paragraph.  77  In  response  to  ARINCs  request,  the  Commission  also  proposed  to  clarify  that  computer-  generated  automatic  logs  must  contain  the  same  information  as  written  logs    the  information 
 required  by  Annex  10  of  the  ICAO  Convention    except  for  the  Sign  In  and  Out  portion  of  the  log,  and  to  further  amend  Section  87.109  to  add  a  detailed  description  of  the  required  information.  78  The 
 Commission  stated  that  such  an  approach  would  reduce  confusion  concerning  the  station  log  requirements  and  would  promote  increased  use  of  automatic  station  logs.  79 


 27.  Discussion.  Based  on  our  review  of  the  record  in  this  proceeding,  we  will  adopt  the  amendments  to  Section  87.  109  as  proposed  in  the  NPRM.  ARINC/  ATA,  the  sole  commenter  addressing 
 these  issues,  agrees  with  the  Commissions  proposals  to  eliminate  the  reference  to  a  specific  paragraph  in  Annex  10  of  the  ICAO  Convention  and  to  specify  that  operators  of  automatic  logs  do  not  have  to 
 separately  sign  in  and  sign  out  in  handwriting.  80  We  agree  with  ARINC/  ATA  that  operator  signatures  are  unnecessary  because  the  computer  terminals  at  fixed  aeronautical  stations  record  all  of  the  information 
 required  by  Annex  10  (other  than  the  operators  handwritten  signature)  plus  an  electronic  log-  on  and  log-off  by  the  radio  operator.  81  We  believe  that  the  rule  changes  we  adopt  today  will  simplify  and  clarify  the 
 application  of  the  rule  to  station  operators  using  automatic  logs.  We  also  believe  these  changes  may  encourage  greater  use  of  automatic  logs,  which  we  find  to  be  in  the  public  interest  because  of  their 
 efficiency,  reliability,  and  accuracy.  We  also  will  amend  Section  87.109  to  provide  a  detailed  and  comprehensive  list  of  the  particular  items  of  information  required  to  be  included  in  the  logs.  82  While 
 ARINC/  ATA  favors  simply  revising  Section  87.109  to  state  Automatic  logs  shall  contain  the  information  required  of  written  logs  except  that  no  operator  signature  is  required,  83  we  conclude  that 


 74  47  C.  F.  R.    87.109. 
 75  Letter,  dated  August  17,  2000,  from  Jerry  Wiles,  Center  Operation  Manager,  San  Francisco  ARINC,  to  FCC. 
 76  Id. 
 77  NPRM,  16  FCC  Rcd  at  19013-  14    18. 
 78  Id.  at  19014    19. 
 79  Id.  at  19014    20. 
 80  ARINC/  ATA  Comments  at  22-  23. 
 81  Id.  ARINC/  ATA  further  points  out  that,  at  these  automated  stations,  all  voice  communications  with  aircraft  are 
 taped,  and  all  data  communications  are  also  recorded.  Id.  82 
 See    87.  109  in  Appendix  A,  infra.  83 
 ARINC/  ATA  Comments  at  22. 
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 listing  the  specific  log  requirements  individually  in  Section  87.109  will  avoid  imposing  a  potentially  burdensome  responsibility  on  licensees  to  keep  up-  to-  date  with  the  ICAO  requirements.  Since  these  log 
 requirements  are  not  technical  regulations,  we  expect  that  they  will  be  revised  infrequently.  Therefore,  any  burden  on  the  Commission  to  update  the  rule  in  response  to  the  occasional  ICAO  changes  should  be 
 minimal,  and  we  believe  the  burden  of  monitoring  changes  to  the  ICAO  requirements  is  better  placed  on  the  Commission  than  on  individual  licensees. 


 D.  Equipment  Certification  Issues 
 1.  Accommodation  of  8.33  kHz  Channel  Spacing  Transmitters 
 28.  Background.  In  1997,  ICAO  adopted  a  channel  plan  based  on  a  8.33  kHz  channel  bandwidth  for  Aeronautical  Mobile  (Route)  Service  (AM(  R)  S)  communications  in  the  118-  137  MHz  band.  84  This 


 move  to  a  narrower  bandwidth  was  intended  to  alleviate  a  shortage  of  very  high  frequency  (VHF)  air  traffic  control  channels  in  Western  Europe  and  the  United  Kingdom.  85  Eight  countries  implemented  the 
 8.33  kHz  channel  plan  in  1999,  86  and  aircraft  operating  within  the  airspace  of  those  eight  countries  must  now  be  able  to  transmit  and  receive  on  8.33  kHz  channels.  In  the  United  States,  however,  aircraft 
 transmitters  may  be  certified  only  if  they  comply  with  Commission  and  FAA  requirements,  including  the  25  kHz  channelization  specified  in  Part  87  for  the  VHF  aeronautical  frequencies.  87  Accordingly,  waivers 
 of  Section  87.173(  b)  of  the  Commissions  Rules  are  necessary  to  allow  certification  of  any  transmitter  capable  of  operating  on  8.33  kHz  channels,  including  dual  channel  spacing  transceivers,  which  are 
 designed  to  operate  on  both  8.33  kHz  channels  and  25  kHz  channels.  88 
 29.  In  the  NPRM,  the  Commission  proposed  to  amend  Section  87.  137  of  its  Rules  to  permit  certification  of  dual  channel  spacing  transceivers  to  accommodate  U.  S.-  registered  aircraft  flying  to,  from  or 


 within  the  eight  nations  that  have  implemented  the  8.33  kHz  channel  plan.  89  The  Commission  tentatively  concluded  that  such  an  amendment  would  promote  air  safety  and  operational  efficiency,  avoiding  the  need 
 to  resort  to  the  administratively  burdensome  waiver  process  before  approving  the  use  of  dual  channel  spacing  transceivers  that  are  necessary  for  reliable  communication  with  air  traffic  controllers  in  the  eight 
 nations.  90  The  Commission  emphasized  that  use  of  8.  33  kHz  channels  for  communications  within  the 


 84  See  International  Standards  and  Recommended  Practices,  Aeronautical  Telecommunications,  Annex  10  to  the 
 Convention  on  Civil  Aviation,  Vol.  V,  Aeronautical  Radio  Frequency  Spectrum  Utilization,  Amendment  No.  72,  International  Civil  Aviation  Organization,  Montreal,  1997  (ISRP).  Ordinarily,  when  the  ICAO  adopts  International 


 Standards  and  Recommended  Practices,  they  are  binding  on  the  contracting  countries.  However,  contracting  countries  were  not  required  to  implement  8.33  kHz  channel  bandwidths  if  their  current  channel  spacing  standards 
 provide  an  adequate  number  of  frequencies.  ISRP  at  6,    4.1.2.1.  The  United  States  continues  to  use  25  kHz  channels. 
 85  See  Plan  for  the  8.33  kHz  Channel  Spacing  Implementation  in  Europe  (8.33  kHz  Spacing  Plan),  Edition  2.0, 
 European  Civil  Aviation  Conference,  Dec.  2,  1996  at  2.  86 
 The  implementing  countries  are  Austria,  Belgium,  France,  Germany,  Luxembourg,  the  Netherlands,  Switzerland  and  the  United  Kingdom.  Id. 


 87  See  47  C.  F.  R.    87.  39  (specifying  that  aircraft  transmitters  will  be  approved  by  the  Commission  based  on  the 
 technical  requirements  set  forth  in  subpart  D  of  Part  87),  87.145(  a)-(  b)  (specifying  that  only  certified  transmitters  meeting  FCC  and  FAA  requirements  may  be  used),  87.  173(  b)  (listing  assignable  VHF  frequencies  on  the  basis  of  25 


 kHz  channel  spacing).  88 
 See,  e.  g.,  Rockwell  Collins,  Inc.,  Order,  13  FCC  Rcd  2954  (WTB  PSPWD  1998);  Wulfsberg  Electronic  Division,  Order,  15  FCC  Rcd  10992  (WTB  PSWPD  2000). 


 89  NPRM,  16  FCC  Rcd  at  19016    24. 
 90  Id. 
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 National  Airspace  System  (NAS)  91  would  remain  prohibited.  92 
 30.  The  Commission  also  noted  in  the  NPRM  that,  like  Europe,  the  United  States  is  experiencing  a  growing  shortage  of  VHF  air  traffic  control  channels,  and  that  the  FAA  is  evaluating  the  use  of  VHF 


 Data  Link,  Mode  3  (VDL-  3),  a  new  digital  communications  system  plan  that  utilizes  Time  Division  Multiple  Access  (TDMA)  technology  as  an  alternative  to  8.33  kHz  channelization,  in  order  to  allow  more 
 efficient  use  of  the  spectrum  for  domestic  air  travel.  93  The  Commission  sought  comment  on  whether  the  Part  87  Rules  should  be  amended  to  accommodate  TDMA  emissions  in  the  VHF  AM(  R)  S  band.  94  As 
 additional  measures  that  could  address  the  shortage  of  VHF  air  traffic  control  channels,  the  Commission  also  sought  comment  on  whether  to  (a)  allow  the  use  of  the  121.975-  122.675  MHz  band,  which  is 
 currently  designated  for  FAA  flight  service  stations  (FSS),  for  air  traffic  control  on  a  secondary  basis;  and  (b)  allow  the  use  of  the  121.6-  121.95  MHz  band  for  general  air  traffic  control  communications,  removing 
 the  present  restriction  limiting  the  use  of  these  frequencies  to  ground  control  operations.  95  The  Commission  said  that  it  did  not  anticipate  major  coordination  problems  stemming  from  adoption  of  these 
 two  proposals  because  both  the  primary  and  the  secondary  services  would  be  under  the  FAAs  management.  96 


 31.  Discussion.  Based  on  the  record  before  us,  we  decide  to  amend  our  Rules  to  accommodate  dual  channel  spacing  transceivers  that  can  communicate  using  8.33  kHz  channels  as  well  as  25  kHz 
 channels,  subject  to  the  proviso  that  the  use  of  8.33  kHz  channels  in  domestic  airspace  remains  strictly  prohibited.  97  We  agree  with  ARINC/  ATA  that  this  rule  change  will  enhance  the  safety  of  U.  S.  aircraft 
 that  operate  internationally.  98  In  order  to  implement  this  proposal  while  maintaining  a  ban  on  the  use  of  8.33  kHz  channels  on  domestic  flights,  we  shall  add  to  the  types  of  emission  permitted  by  Section  87.137, 
 the  emission  designator  5K6A3E  for  emission  class  A3E  with  an  authorized  bandwidth  of  8.33  kHz.  In  addition,  rather  than  simply  noting  that  emission  designator  5K6A3E  is  authorized  only  for  aircraft  in 
 international  flight,  as  proposed  in  the  NPRM,  99  we  will  add  a  footnote,  based  on  the  suggestions  of  the  FAA  and  Boeing.  100  The  footnote  will  state: 


 91  The  NAS  is  the  common  network  of  U.  S.  airspace;  air  navigation  facilities,  equipment  and  services,  airports  or 
 landing  areas;  aeronautical  charts,  information  and  services;  rules,  regulations  and  procedures;  technical  information;  and  manpower  and  material.  This  system  includes  system  components  shared  jointly  with  the  military. 


 Aeronautical  Spectrum  Planning  for  1997-  2010,  Doc.  No.  RTCA/  DO-  237  (1997).  92 
 NPRM,  16  FCC  Rcd  at  19016    25.  We  note  that  the  Chief,  Public  Safety  and  Private  Wireless  Division,  Wireless  Telecommunications  Bureau,  has  granted  a  waiver  to  Rockwell  Collins  so  that  it  may  obtain  equipment  certification 


 of  dual  spacing  transceivers,  subject  to  the  Commissions  resolution  of  this  issue  in  the  instant  rulemaking.  See  Rockwell  Collins,  Inc.,  Request  for  Waiver  Concerning  Certification  of  Aviation  Transceivers  Capable  of 
 Transmitting  Outside  the  108-  137  MHz  Civil  Aviation  Band  and  Waiver  of  Section  87.  173(  b)  of  the  Commissions  Rules  Governing  Assignable  Carrier  Frequencies  in  the  Aviation  Services,  Order,  18  FCC  Rcd  1509  (WTB  PSPWD 
 2003).  93 
 NPRM,  16  FCC  Rcd  at  19016    26.  94 
 Id.  95 
 Id.  at  19017    27.  96 
 Id.  97 
 Accord  FAA  Comments  at  1,  4;  ARINC/  ATA  Comments  at  24;  Rockwell  Collins  Comments  at  6;  Boeing  Comments  at  11-  13. 


 98  ARINC/  ATA  Comments  at  24. 
 99  NPRM,  16  FCC  Rcd  at  19016    24. 
 100  FAA  Comments  at  4;  Boeing  Comments  at  12-  13.  Because  we  are  not  generally  authorizing  8.33  kHz  channel 
 spaced  transmissions  in  U.  S.  airspace,  we  see  no  need  to  amend  Section  87.133  of  the  Rules,  47  C.  F.  R.    87.133,  to  (continued....) 
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 In  the  band  117.975-  137  MHz,  the  Commission  will  not  authorize  any  8.33  kHz  channel  spaced  transmissions  or  the  use  of  their 
 associated  emission  designator  within  the  U.  S.  National  Airspace  System,  except  by  avionics  equipment  manufacturers  and  Flight  Test 
 Stations,  which  are  required  to  perform  installation  and  checkout  of  such  radio  systems  prior  to  delivery  to  their  customers  for  use  outside  U.  S. 
 controlled  airspace.  For  transmitters  certificated  to  tune  to  8.33  kHz  channel  spacing  as  well  as  25  kHz  channel  spacing,  the  authorized 
 bandwidth  is  8.33  kHz  when  tuned  to  an  8.33  kHz  channel. 
 32.  At  this  time,  we  decline  to  take  further  action  to  accommodate  TDMA  emissions.  With  respect  to  the  issue  of  accommodating  TDMA  emissions  in  the  VHF  AM(  R)  S  band,  we  note  that  in  2001  the 


 Commission  amended  Sections  87.131,  87.133,  87.  137,  and  87.  139  of  its  Rules  101  to  accommodate  digital  communications  systems,  including  TDMA  systems,  throughout  the  VHF  aeronautical  radio  spectrum.  102 
 Specifically,  in  the  136-  137  MHz  Order,  the  Commission  permitted  use  of  the  emissions  classes  for  phase  modulation  digital  data  transmission  throughout  the  entire  117.975-  137  MHz  band,  103  primarily  in  order 
 to  accommodate  deployment  of  VDL-  3  by  the  FAA.  104  Commenters  have  not  identified  any  additional  measures  they  believe  are  needed  to  accommodate  TDMA  emissions.  105  Thus,  on  the  basis  of  this  record, 
 we  decline  to  take  further  action  to  accommodate  TDMA  emissions  beyond  the  measures  adopted  in  the  136-  137  MHz  Order.  106 


 33.  Finally,  we  will  amend  our  Rules  to  provide,  as  proposed  in  the  NPRM,  that  (a)  the  FAA  may  use  the  121.975-  122.675  MHz  band  for  air  traffic  control  communications  on  a  co-  primary  basis  with 


 (...  continued  from  previous  page)  specify  a  frequency  tolerance  for  8.33  kHz  channel  spacing  transmitters,  as  proposed  by  Boeing.  See  Boeing 
 Comments  at  13.  If  8.33  kHz  channel  spaced  transmissions  are  authorized  domestically  in  the  future,  we  will  address  technical  requirements  for  8.  33  kHz  channel  spaced  transmitters  at  that  time.  In  addition,  we  decline  to 
 adopt  unrelated  proposals  to  update  Section  87.133  proposed  by  the  FAA  and  Boeing.  See  FAA  Comments  at  11;  Boeing  Comments  at  13  n.  26.  However,  we  invite  comment  in  the  FNPRM  on  amending  Section  87.  133.  See 
 n.  320,  infra.  101 
 47  C.  F.  R.    87.  131,  87.  133,  87.  137,  87.  139.  102 
 See  Amendment  of  Parts  2  and  87  of  the  Commissions  Rules  to  Accommodate  Advanced  Digital  Communications  in  the  117.  975-  137  MHz  Band  and  to  Implement  Flight  Information  Services  in  the  136-  137  MHz 


 Band,  Report  and  Order,  WT  Docket  No.  00-  77,  16  FCC  Rcd  8226,  8231-  32    13-  14  (136-  137  MHz  Order),  reconsideration  granted  in  part,  Memorandum  Opinion  and  Order,  WT  Docket  No.  00-  77,  17  FCC  Rcd  360  (2001). 
 103  136-  137  MHz  Order,  16  FCC  Rcd  at  8232    14. 
 104  Id.  However,  the  Commission  determined  not  to  designate  the  136-  136.475  MHz  band  or  any  other  spectrum  for 
 VDL-  3  use  exclusively.  The  Commission  reasoned  that  placing  no  restrictions  on  the  types  of  digital  technologies  that  may  operate  in  the  136-  137  MHz  band  or,  for  that  matter,  the  entire  117.  975-  137  MHz  band  will  promote 


 flexibility  and  efficiency  during  the  transition  to  digital  aviation  communications  systems.  Id.  105 
 See,  e.  g.,  FAA  Comments  at  1  (stating  that  the  FAA  favors  accommodating  TDMA  emissions  in  the  VHF  AMS(  R)  S  band,  but  for  VDL  Modes  2  and  3  only);  ARINC/  ATA  Comments  at  23  (stating  that  [  i]  f  the  FAA 


 determines  that  further  rule  changes  are  needed  to  accommodate  VDL  Mode  3  for  air  traffic  services,  ARINC  and  ATA  would  support  the  adoption  of  such  rules);  Rockwell  Collins  Comments  at  7  (stating  that  it  supports 
 accommodating  TDMA  emissions,  but  also  believes  the  Commission  could  forego  emission-  by-  emission  determinations  and  simply  permit  all  waveforms  as  long  as  the  transmitters  meet  the  other  applicable  technical 
 specifications).  106 
 However,  elsewhere  we  invite  comment  on  a  number  of  proposals  by  commenters  regarding  emission  types,  and  we  will  therefore  also  invite  further  comment  on  the  question  of  what,  if  any,  additional  rule  amendments  are 


 required  to  fully  accommodate  VDL-  3  and  other  systems  employing  TDMA  technology.  See    79,  infra. 
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 FAA  flight  service  stations  (FSS),  and  (b)  the  121.6-  121.95  MHz  band  may  be  used  for  general  air  traffic  control  communications.  Both  the  FAA  and  ARINC/  ATA  support  allowing  the  FAA  to  use  the  121.975-122.675 
 MHz  band  for  air  traffic  control  as  well  as  FSS.  107  In  addition,  the  FAA  also  supports  removing  the  restriction  limiting  the  use  of  the  sub-  band  121.6-  121.95  MHz  to  ground  control  communications  so 
 that  it  may  be  used  for  general  air  traffic  control  communications.  108  The  FAA  says  removing  the  existing  limitations  on  use  of  these  frequencies  will  enhance  the  ability  of  the  FAA  to  find  frequencies  for 
 new  requirements.  109  We  agree  that  permitting  the  FAA  to  use  the  121.975-  122.675  MHz  and  121.6-  121.95  MHz  frequencies  for  general  air  traffic  control  communications  will  serve  the  public  interest  by 
 enhancing  the  FAAs  flexibility  to  redistribute  spectrum  resources  under  its  control  in  response  to  changing  demand.  110  We  note,  however,  that  ARINC/  ATA  contends  that  any  use  of  the  121.975-  122.675 
 MHz  band  for  air  traffic  control  communications  should  be  co-  primary  with,  rather  than  secondary  to,  flight  service  station  communications  on  these  frequencies.  111  ARINC/  ATA  asserts  that  the  ITU  Radio 
 Regulations  as  well  as  Annex  10  to  the  ICAO  Convention  prohibit  air  traffic  control  frequencies  from  being  assigned  on  a  secondary  basis.  112  Given  this  concern,  we  think  it  appropriate  to  authorize  FAA  use 
 of  the  121.975-  122.675  MHz  band  for  air  traffic  control  communications  on  a  co-  primary  basis  with  FSS  operations.  Since  these  frequencies  remain  under  exclusive  FAA  oversight,  and  the  objective  of  these 
 measures  is  to  give  the  FAA  greater  discretion  in  managing  these  frequencies  in  response  to  changing  operational  needs,  we  conclude  that  according  co-  primary  rather  than  secondary  status  to  air  traffic 
 control  communications  in  the  121.975-  122.675  MHz  band  poses  little  risk  of  causing  harmful  interference  to  flight  service  station  operations  or  creating  a  shortage  of  available  spectrum  for  such 
 operations. 
 2.  Certification  of  Equipment  for  the  Civil  Reserve  Air  Fleet 
 34.  Background.  The  Commission  observed  in  the  NPRM  that  aircraft  of  the  Civil  Reserve  Air  Fleet  113  or  other  civil  aircraft  may  sometimes  have  a  need  to  communicate  with  military  facilities,  which 


 use  frequencies  outside  of  the  civil  aviation  band,  specifically  in  the  138-  144  MHz  and  150.05-  150.  8  MHz  Government  bands,  and  in  the  148-  149.9  MHz  band,  which  is  shared  by  Government  and  non- 


 107  FAA  Comments  at  1;  ARINC/  ATA  Comments  at  20. 
 108  FAA  Comments  at  1. 
 109  Id. 
 110  See  Letter,  dated  February  10,  2003,  from  Dwana  R.  Terry,  Chief,  Public  Safety  and  Private  Wireless  Division, 
 Wireless  Telecommunications  Bureau,  to  Fredrick  R.  Wentland,  Acting  Associate  Administrator,  Office  of  Spectrum  Management,  National  Telecommunications  and  Information  Administration  (granting  waiver  of  Section 


 87.  173  of  the  Commissions  Rules  to  permit  the  FAA  to  use  frequency  122.275  MHz  for  air  traffic  control  communications,  in  order  to  reduce  congestion  on  air  traffic  control  channels). 
 111  ARINC/  ATA  Comments  at  20. 
 112  Id.  ARINC/  ATA  specifically  notes  that  the  Radio  Regulations  and  Annex  10  specify  that  flight  safety  messages, 
 which  include  air  traffic  movement  and  immediate  operational  control  messages,  can  be  secondary  only  to  distress  (  Mayday)  urgency  messages,  or  to  radio  direction  finding.  Id.  (citing  ITU  Radio  Reg.  S44.  1;  ICAO  Annex  10, 


 vol.  II,    5-  1.8). 
 113  The  Civil  Reserve  Air  Fleet  is  comprised  of  selected  aircraft  from  U.  S.  airlines,  which  are  contractually 
 committed  to  support  Department  of  Defense  airlift  requirements  in  national  emergencies.  The  Civil  Reserve  Air  Fleet  has  three  main  categories  or  segments:  international,  national  and  aeromedical  evacuation.  Assignment  of 


 aircraft  to  a  particular  segment  depends  on  the  nature  of  the  requirement  and  the  performance  characteristics  needed.  See  United  State  Air  Force  Fact  Sheet  on  the  Civil  Reserve  Air  Fleet,  at 
 http://  www.  af.  mil/  news/  factsheets/  Civil_  Reserve_  Air_  Fleet.  html. 
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 Government  users.  114  Currently,  however,  VHF  aviation  transmitters  can  be  certified  under  the  Part  87  Rules  only  if  they  are  designed  to  operate  exclusively  on  frequencies  in  the  civil  aviation  band.  115 
 Consequently,  it  has  been  necessary  to  grant  waivers  of  the  Commissions  Rules  to  permit  certification  of  aviation  transmitters  capable  of  operating  in  both  the  civil  aviation  band  and  the  military  radio  bands.  116 
 Observing  that  requiring  the  use  of  waivers  to  obtain  equipment  certification  is  inefficient  and  resource-intensive,  the  Commission  proposed  in  the  NPRM  to  amend  its  Rules  to  allow  the  certification  of  radios 
 that  operate  both  inside  and  outside  the  civil  aviation  bands,  with  the  qualification  that  Commission  certification  will  only  apply  to  use  inside  the  civil  aviation  band.  117 


 35.  Discussion.  We  will  amend  Section  87.147  of  the  Commissions  Rules  to  provide  for  certification  of  equipment  capable  of  operating  in  both  the  civil  aviation  band  and  the  military  radio 
 bands.  118  We  believe  that  adopting  this  measure  will  enhance  air  safety,  most  significantly  by  facilitating  communications  between  civil  aircraft  and  military  air  traffic  controllers  in  emergencies.  119  The 
 Commission  has  previously  determined  that  the  potential  for  misuse  of  these  extended  frequency  range  transceivers  is  slight,  and  that  there  is  not  a  significant  threat  of  interference  from  such  transceivers.  120 
 Allowing  this  equipment  to  be  authorized  without  requiring  that  it  be  subject  to  a  waiver  process  will  relieve  both  applicants  and  Commission  staff  of  an  unnecessary  administrative  burden,  and  will  expedite 
 the  authorization  process.  We  emphasize  that  this  rule  change  addresses  equipment  certification  only.  As  the  Commission  observed  in  the  NPRM,  121  other  agencies  are  responsible  for  granting  authorization  to 
 operate  outside  of  the  civil  aviation  band,  and  nothing  we  do  herein  should  be  construed  as  authorizing  operations  outside  of  the  civil  aviation  band  in  the  United  States  under  our  Part  87  Rules. 


 114  NPRM,  16  FCC  Rcd  at  19017    28.  This  may  occur  when  the  aircraft  serve  a  military  transport  role  in 
 emergency  conditions,  or  use  military  airfields  in  connection  with  the  transport  of  "VIP"  passengers,  such  as  heads  of  state,  or  for  emergency  landings.  Id. 


 115  See  47  C.  F.  R.    87.  173(  b),  87.  475(  b)(  4)-(  5). 
 116  See,  e.  g.,  Rockwell  Collins,  Inc.,  Order,  14  FCC  Rcd  3340,  3343    6  (WTB  PSPWD  1999). 
 117  NPRM,  16  FCC  Rcd  at  19017    29.  We  note  that  the  Chief,  Public  Safety  and  Private  Wireless  Division, 
 Wireless  Telecommunications  Bureau,  has  granted  a  waiver  to  Rockwell  Collins  so  that  it  may  obtain  equipment  certification  of  transceivers  capable  of  transmitting  on  frequencies  outside  the  civil  aviation  band,  subject  to  the 


 Commissions  resolution  of  this  issue  in  the  instant  rulemaking.  See  Rockwell  Collins,  Inc.,  Request  for  Waiver  Concerning  Certification  of  Aviation  Transceivers  Capable  of  Transmitting  Outside  the  108-  137  MHz  Civil 
 Aviation  Band  and  Waiver  of  Section  87.  173(  b)  of  the  Commissions  Rules  Governing  Assignable  Carrier  Frequencies  in  the  Aviation  Services,  Order,  18  FCC  Rcd  1509  (WTB  PSPWD  2003). 
 118  See  Section  87.  147(  f)  in  Appendix  A,  infra.  We  will  not  require  applicants  to  certify  that  the  equipment  is  to  be 
 used  for  the  Civil  Reserve  Air  Fleet.  Although  we  have  titled  this  section  of  the  Report  and  Order  Certification  of  Equipment  for  the  Civil  Reserve  Air  Fleet  to  mirror  the  title  of  the  relevant  section  in  the  NPRM,  the  Commission 


 did  not  propose  in  the  NPRM  to  limit  authorization  of  extended  frequency  range  transceivers  to  use  in  the  Civil  Reserve  Air  Fleet,  and  Rockwell  Collins  has  not  explained  why  it  supports  such  a  limitation.  Although  it  is 
 conceivable  that  such  a  restriction  might  reduce  the  risk  of  unauthorized  transmissions  outside  the  civil  aviation  band,  we  believe  that  such  risk  is  slight.  We  intend  to  revisit  this  issue  if  future  experience  suggests  that  the  Civil 
 Reserve  Air  Fleet  limitation  may  be  warranted.  119 
 See  Rockwell  Collins  Comments  at  8.  120 
 See  Rockwell  Collins,  Inc.,  Order,  14  FCC  Rcd  3340,  3345    10  (WTB  PSPWD  1999);  see  also  Rockwell  Collins  Comments  at  7  (authorization  of  such  extended  frequency  range  transceivers  will  not  cause  harmful 


 interference  to  other  users  of  the  137-  152  MHz  band  because  aeronautical  VHF  communications  are  highly  regulated  and  are  restricted  to  communications  with  authorized  ground  stations,  and  flight  crews  are  trained  to  select 
 frequencies  only  from  current  published  frequency  tables,  charts  and  databases).  121 
 See  NPRM,  16  FCC  Rcd  at  19017    29. 
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 3.  Certification  of  Equipment  Requiring  an  FAA  Showing  of  Compatibility  with  the  National  Airspace  System 
 36.  Background.  Under  Section  87.147(  d)  of  the  Commissions  Rules,  an  applicant  seeking  Commission  certification  of  equipment  that  is  intended  to  operate  in  any  of  the  frequency  bands  specified 
 in  Section  87.147(  d)(  3)  must  notify  the  FAA  of  the  filing  of  the  certification  application.  122  The  applicant  also  must  provide  the  FAA  with  detailed  information  about  the  equipment  for  which  the  certification  is 
 sought,  and  include  a  copy  of  the  notification  letter  to  the  FAA  with  the  application  for  Commission  certification.  123  The  rule  further  provides  that  the  Commission  will  not  act  on  the  certification  application 
 for  twenty-  one  days  after  the  application  is  filed,  in  order  to  afford  the  FAA  an  opportunity  to  determine  whether  the  equipment  is  compatible  with  the  NAS.  124  If  the  FAA  determines  that  the  equipment  is  not 
 compatible  with  the  NAS,  it  can  submit  an  objection  to  certification  of  the  equipment.  125  In  the  NPRM,  the  Commission  proposed  to  streamline  this  process  by  requiring  equipment  certification  applications  to 
 include  an  FAA  determination  addressing  the  equipments  compatibility  with  the  NAS.  126  The  Commission  tentatively  concluded  that  requiring  applicants  to  secure  an  FAA  determination  of  the 
 equipments  compatibility  with  the  NAS  before  they  file  the  application  for  FCC  certification  of  the  equipment  would  provide  applicants  with  increased  participation  in  the  certification  process,  streamline 
 the  certification  process,  reduce  the  FAAs  and  the  Commissions  administrative  workload,  and  reduce  the  time  necessary  to  obtain  certification.  127 


 37.  Discussion.  After  consideration  of  the  comments,  we  conclude  that  we  should  modify  the  current  process  and  rules  to  eliminate  the  21-  day  waiting  period  and  to  provide  that  the  Commission  will 
 not  act  on  an  application  until  it  receives  an  FAA  determination  of  whether  it  objects  to  the  subject  equipments  certification.  This  solution  addresses  the  interest  of  private  sector  commenters  in  avoiding 
 any  sequential  review  that  might  prolong  the  equipment  certification  process.  128  Our  eliminating  the  twenty-  one  day  period  will  not  extend  the  process,  because,  contrary  to  what  appears  to  be  at  least  one 
 commenters  understanding,  129  the  rule  prescribes  a  minimum  waiting  period  before  the  Commission  can  act  upon  an  application.  It  does  not  set  a  hard-  and-  fast  deadline  by  which  the  FAA  must  comment  on,  or 
 object  to,  the  application.  Further,  it  does  not  prevent  the  Commission  from  considering  FAA  comments  or  objections  that  are  submitted  more  than  twenty-  one  days  after  the  application  was  filed,  and  it  does  not 
 prevent  the  Commission  from  withholding  a  decision  on  the  application  until  it  does  receive  an  affirmative  representation  from  the  FAA  that  the  equipment  is  either  compatible  or  incompatible  with  the 
 NAS.  In  practice,  the  staff  has  observed  a  routine  procedure  of  waiting  until  it  first  learns  of  the  FAAs  assessment  before  applications  for  equipment  certification  are  granted.  The  fact  that  commenters 
 apparently  are  generally  pleased  with  the  existing  speed  of  processing  such  applications  suggests  that 


 122  47  C.  F.  R.    87.  147(  d). 
 123  Id. 
 124  47  C.  F.  R.    87.147(  d)(  2). 
 125  Id. 
 126  NPRM,  16  FCC  Rcd  at  19018    31. 
 127  Id. 
 128  ARINC/  ATA,  Rockwell  Collins,  and  Boeing  argue  that  requiring  sequential  FAA  and  FCC  review  would  not 
 streamline  the  process;  rather,  it  would  prolong  the  certification  process.  ARINC/  ATA  Comments  at  26;  Rockwell  Collins  Comments  at  8-  9;  Boeing  Comments  at  15-  16.  Rockwell  Collins  adds,  In  an  economy  where  getting 


 products  to  market  quickly  is  extremely  important,  allowing  simultaneous  review  by  the  FAA  and  FCC  will  reduce  the  total  time  to  processing  an  equipment  certification  application.  Rockwell  Collins  Comments  at  9. 
 129  ARINC/  ATA  states  that  the  twenty-  one  day  period  specified  in  Section  87.147(  d)(  2)  ensures  that  applicants  can 
 reasonably  estimate  the  amount  of  time  the  application  process  will  take.  ARINC/  ATA  Comments  at  26. 
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 continuation  of  the  practice  already  followed  by  the  staff  should  not  be  problematic.  130  In  addition,  our  elimination  of  the  twenty-  one  day  waiting  period  removes  an  obstacle  to  potential  speedier  processing  of 
 some  applications.  We  also  believe  that  by  clarifying  what  our  practice  has  been  in  fact,  and  will  continue  to  be,  i.  e.,  to  wait  to  hear  from  the  FAA  on  the  NAS  compatibility  question  before  acting  on  a 
 certification  application,  we  address  the  concern  that  prompted  the  FAA  to  support  a  change  to  the  existing  process.  131 


 38.  We  will  also  amend  47  C.  F.  R.    87.147(  d)(  3)  to  list  additional  particular  frequency  bands  for  which  related  equipment  certification  is  subject  to  FAA  notification.  Section  87.147(  d)  requires  that  an 
 applicant  for  certification  of  equipment  intended  for  transmission  in  frequencies  listed  in  Section  87.147(  d)(  3)  notify  the  FAA  of  the  filing  of  an  equipment  certification  application.  132  Our  amendment 
 will  ensure  that  all  equipment  designed  to  operate  in  the  NAS  is  subject  to  FAA  review  for  compatibility  with  the  NAS.  133  Prior  to  this  amendment,  Section  87.147(  d)(  3)  omitted  several  frequency  bands  that 
 may  be  used  for  operation  in  the  NAS  from  its  list  of  frequency  bands  subject  to  the  FAA  review  requirement.  134  The  omission  of  these  frequency  bands  from  the  existing  rule  was  an  oversight.  We 
 observe  that  no  commenter  opposed  this  FAA  proposal.  135 
 E.  Amending  License  Terms  of  Non-  Aircraft  Stations 
 39.  Background.  In  the  NPRM,  the  Commission  proposed  to  extend  the  license  terms  of  non-aircraft  station  licenses  in  the  Aviation  Radio  Service  from  five  years  to  ten  years.  136  The  Commission 


 reasoned  that  this  would  provide  non-  aircraft  stations  with  the  same  license  term  as  aircraft  stations  137  and  with  similar  stations  in  other  services,  would  benefit  licensees  by  effectively  halving  their  application  fees 
 and  the  costs  of  filing  license  renewal  applications,  and  would  reduce  the  costs  incurred  by  the  Commission  in  processing  renewal  applications.  138 


 40.  Discussion.  We  will  extend  the  license  term  for  non-  aircraft  stations  to  ten  years,  as  proposed.  139  Extending  the  license  term  for  non-  aircraft  stations  to  ten  years  is  consistent  with  other 
 130  See  generally  ARINC/  ATA  Comments  at  26;  Rockwell  Collins  Comments  at  8-  9;  Boeing  Comments  at  15-  16. 
 131  The  FAA  contends  that  a  major  drawback  in  the  current  process  of  simultaneous  review  of  the  equipment  by  the 
 two  agencies  is  the  possibility  of  the  FAA  not  receiving  notification  or  otherwise  becoming  aware  of  the  application  to  the  FCC  for  certification.  FAA  Comments  at  1,  4.  It  believes  that  the  proposed  revision  of  the  process,  if 


 adopted,  would  address  this  problem.  Id.  at  1.  The  FAA  adds  that  [  s]  ince  the  FAA  is  to  review  each  application  in  the  subject  frequency  bands  even  under  the  current  process,  there  should  be  no  additional  delay  in  processing  and  no 
 additional  burden  to  the  FAA.  Id.  at  4.  132 
 47  C.  F.  R.    87.147(  d).  133 
 See  FAA  Comments  at  14-  15.  134 
 The  previously  omitted  frequency  bands  that  are  now  being  added  to  Section  87.  147(  d)(  3)  are  90-  110  kHz,  190-285  kHz,  325-  435  kHz  and  1545-  1559  MHz. 


 135  It  should  be  noted  that  we  also  believe  that  better  coordination  between  the  FCC  and  the  FAA  would  improve  the 
 equipment  certification  process.  Therefore,  we  intend,  in  consultation  with  the  FAA,  to  begin  exploring  the  feasibility  of  creating  a  data  link  between  the  agencies  that  would  reduce  our  reliance  on  the  applicants  to  provide 


 timely  notification  to  the  FAA  and  perhaps  automate  the  process  by  which  the  FAA  provides  its  determinations  of  NAS  compatibility  to  the  Commission. 
 136  NPRM,  16  FCC  Rcd  at  19018    32. 
 137  See  47  C.  F.  R.    87.  27(  a). 
 138  NPRM,  16  FCC  Rcd  at  19018    32. 
 139  ARINC/  ATA  supports  extending  the  license  term  because  it  will  reduce  the  administrative  burden  on  licensees 
 and  the  Commission  of  filing  and  processing  renewal  applications.  ARINC/  ATA  Comments  at  19.  However,  the  (continued....) 
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 Commission  actions  in  recent  years  extending  license  terms  in  many  services  to  ten  years.  140  In  addition,  we  believe  our  action  should  provide  some  of  the  same  types  of  public  interest  benefits    a  more  stable 
 regulatory  environment,  incentives  for  investment  in  licensed  facilities,  additional  flexibility  for  licensees,  and  reduced  administrative  burdens  for  licensees  and  the  Commission  alike    that  warranted  ten-  year 
 license  terms  in  other  services.  It  also  promotes  consistency  in  our  licensing  processes  by  conforming  the  license  term  of  non-  aircraft  stations  with  that  of  aircraft  stations  141  and  coast  stations,  which  provide 
 service  in  the  Maritime  Radio  Services  that  is  functionally  similar  to  that  provided  by  non-  aircraft  stations  in  the  Aviation  Radio  Service.  142  The  ten-  year  license  term  will  apply  prospectively  to  licenses  issued  or 
 renewed  after  the  effective  date  of  the  amended  rule.  This  action  does  not  extend  existing  license  terms,  and  thus  does  not  affect  the  date  by  which  incumbent  licensees  must  file  their  next  renewal  applications. 


 F.  Amending  Construction  Requirements  of  Non-  Aircraft  Stations 
 41.  In  the  NPRM,  the  Commission  proposed  to  extend  the  time    from  eight  months  to  one  year    by  which  newly  authorized  unicom  and  radionavigation  land  stations  must  be  placed  in  operation.  143  The 


 Commission  tentatively  concluded  that  the  longer  construction  period  would  reduce  the  number  of  requests  for  extensions  of  time  to  construct  a  station,  and  would  otherwise  simplify  regulatory 
 requirements  applicable  to  these  licensees  while  decreasing  administrative  burdens  on  both  licensees  and  the  Commission.  This  approach,  the  Commission  observed,  also  would  be  consistent  with  the 
 Commissions  recent  actions  regarding  construction  requirements  in  other  services.  144  We  received  no  comments  on  this  proposal.  Accordingly,  we  will  adopt  the  proposal  to  amend  Section  87.45  of  the 
 Rules  145  to  extend  the  construction  period  for  unicom  stations  and  radionavigation  land  stations  from  eight  months  to  one  year.  We  believe  this  action  will  not  significantly  delay  the  initiation  of  operations 
 by  newly  authorized  unicom  stations  and  radionavigation  land  systems.  The  new  construction  period  has 


 (...  continued  from  previous  page)  FAA  opposes  the  proposal,  recommending  that  the  five-  year  license  term  be  retained,  perhaps  with  an  adjustment  to 
 the  licensing  fee,  but  does  not  elaborate.  FAA  Reply  Comments  at  1.  140 
 See,  e.  g.,  1998  Biennial  Regulatory  Review    47  C.  F.  R.  Part  90    Private  Land  Mobile  Radio  Services,  Report  and  Order  and  Further  Notice  of  Proposed  Rule  Making,  WT  Docket  No.  98-  182  and  PR  Docket  No.  92-  235,  15 


 FCC  Rcd  16673,  16678    10  (2000)  (Part  90  Biennial  Review)  (extending  the  license  term  for  all  private  land  mobile  radio  licenses  to  ten  years);  Reorganization  and  Revision  of  Parts  1,  2,  21,  and  94  of  the  Rules  to  Establish  a 
 New  Part  101  Governing  Terrestrial  Microwave  Fixed  Radio  Services,  Report  and  Order,  WT  Docket  No.  94-  148  and  CC  Docket  No.  93-  2,  11  FCC  Rcd  13449,  13459    20  (1996)  (extending  the  license  term  for  all  Part  101  fixed 
 microwave  service  licenses  to  ten  years);  Amendment  of  Parts  80,  87  and  94  of  the  Commissions  Rules  Governing  the  Private  Radio  Services,  Report  and  Order,  PR  Docket  No.  93-  39,  8  FCC  Rcd  8716    3  (1993)  (extending  the 
 license  term  for  ship  and  aircraft  station  licenses  to  ten  years);  Amendment  of  Part  95  of  the  Commissions  Rules  to  Provide  Regulatory  Flexibility  in  the  218-  219  MHz  Service,  Report  and  Order  and  Memorandum  Opinion  and 
 Order,  WT  Docket  No.  98-  169,  15  FCC  Rcd  1497,  1516    27  (1999)  (extending  the  license  term  for  all  218-  219  MHz  Service  licenses  to  ten  years);  Policy  and  Rules  for  the  Direct  Broadcast  Satellite  Service,  Report  and  Order, 
 IB  Docket  No.  98-  21,  17  FCC  Rcd  11331,  11351    39  (2002)  (extending  the  license  term  for  non-  broadcast  Direct  Broadcast  Satellite  Service  licenses  to  ten  years). 
 141  See  47  C.  F.  R.    87.  27. 
 142  See  47  C.  F.  R    80.  25(  b)  (as  amended  by  Amendment  of  the  Commissions  Rules  Concerning  Maritime 
 Communications,  Fourth  Report  and  Order  and  Third  Further  Notice  of  Proposed  Rule  Making,  PR  Docket  No.  92-  257,  15  FCC  Rcd  22585  (2000)  (Maritime  Fourth  Report  and  Order)). 


 143  NPRM,  16  FCC  Rcd  at  19018    33.  See  47  C.  F.  R.    87.  45.  Radionavigation  land  stations  are  land  stations  that 
 assist  with  navigation  using  radiodetermination.  See  47  C.  F.  R.    87.  5.  144 
 See  Part  90  Biennial  Review,  15  FCC  Rcd  at  16679    12;  Maritime  Fourth  Report  and  Order,  15  FCC  Rcd  at  22600    27. 


 145  47  C.  F.  R.    87.45. 
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 prospective  effect  only,  and  does  not  extend  the  construction  deadline  for  any  existing  licenses.  Accordingly,  the  one-  year  construction  period  will  apply  only  to  unicom  and  radionavigation  land 
 licenses  issued  after  the  effective  date  of  this  rule  amendment.  An  eight-  month  construction  period  still  applies  to  all  existing  licenses  and  will  continue  to  apply  to  all  licenses  issued  before  the  effective  date  of 
 this  rule  amendment.  As  before,  licensees  of  unicom  stations  and  radionavigation  land  stations  who  seek  an  extension  of  time  to  construct  must  meet  the  requirements  set  forth  in  Section  1.946  of  the 
 Commissions  Rules.  146 
 G.  Additional  Emission  Types 
 42.  Background.  Emission  type  J2D  147  is  not  authorized  under  Part  87  of  the  Commissions  Rules,  but  pursuant  to  a  series  of  waivers,  ARINC  has  been  using  it  for  enroute  high  frequency  (HF) 


 communications  since  1996  to  facilitate  ARINCs  participation  in  the  development  of  a  worldwide  HF  datalink  system.  Given  the  apparent  absence  of  any  problems  stemming  from  these  operations,  the 
 Commission  proposed  in  the  NPRM  to  add  J2D  as  an  acceptable  data  emission  type  for  enroute  HF  communications.  148  The  Commission  reasoned  that  including  J2D  as  an  acceptable  emission  type  would 
 reduce  the  administrative  burden  of  authorizing  the  use  of  J2D  through  waivers  only,  and  would  also  facilitate  implementation  of  the  worldwide  HF  datalink  system.  149  The  Commission  invited  comment  on 
 this  proposal  and,  more  generally,  on  whether  the  Commission  should  continue  to  designate  specific  emission  types  on  aviation  frequencies  that  are  not  shared  with  other  services,  or  instead  allow  licensees 
 to  utilize  any  emission  type  in  these  frequencies  if  the  transmitters  meet  the  other  applicable  technical  specifications.  150 


 43.  Discussion.  We  will  adopt  the  proposal  to  add  J2D  as  a  permissible  emission  type  for  enroute  HF  communications.  We  believe  this  action  will  enhance  licensee  flexibility,  facilitate  development  and 
 implementation  of  the  worldwide  HF  datalink  system,  and  promote  administrative  efficiency  by  obviating  the  need  to  resort  to  the  waiver  process  in  order  to  authorize  use  of  J2D.  151  Since  ARINC  has  been  using 
 J2D  since  1996,  we  have  empirical  support  for  our  conclusion  that  authorizing  the  use  of  this  emission  type  under  Part  87  will  not  result  in  harmful  interference.  152  In  addition,  we  note  that  all  of  the 
 commenters  addressing  this  proposal  support  it. 
 44.  In  addition  to  adding  J2D,  we  will  include  the  emission  type  A2D  in  Section  87.131  of  the  Commissions  Rules  153  as  an  authorized  emission  type  for  VHF  aeronautical  enroute  and  fixed  stations 


 and  for  aircraft  stations.  As  noted  by  ARINC/  ATA,  154  this  emission  designator  is  already  listed  as  a 


 146  47  C.  F.  R.    1.946. 
 147  Acceptable  emission  types  are  set  forth  at  47  C.  F.  R.    87.  131  using  codes  defined  at  47  C.  F.  R.    2.201. 
 148  NPRM,  16  FCC  Rcd  at  19019    34. 
 149  Id. 
 150  Id. 
 151  The  FAA  joins  ARINC/  ATA  in  supporting  the  addition  of  emission  type  J2D  for  HF  operations.  FAA 
 Comments  at  1;  ARINC/  ATA  Comments  at  25.  152 
 See,  e.  g.,  Amendment  of  Section  90.  20(  e)(  6)  of  the  Commissions  Rules  to  Revise  the  Authorized  Duty  Cycle  on  173.075  MHz,  Report  and  Order,  WT  Docket  No.  01-  97,  17  FCC  Rcd  16938,  16944    13  (2002)  (amending  Rules 


 to  permit  increased  duty  cycle  for  stolen  vehicle  recovery  systems,  and  noting  that  operations  using  the  new  duty  cycle  pursuant  to  waiver  had  produced  no  reports  of  interference). 
 153  47  C.  F.  R.    87.131. 
 154  ARINC/  ATA  Comments  at  25. 
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 permissible  class  of  emission  in  Section  87.137(  a)  of  the  Rules.  155  We  therefore  view  the  addition  of  A2D  to  Section  87.  131  as  non-  controversial.  We  take  no  action  on  ARINC/  ATAs  related  suggestion  to 
 delete  all  references  to  emission  type  A9W  as  obsolete,  156  because  we  are  not  persuaded  on  this  record  that  A9W  is  indeed  obsolete  and,  in  any  event,  we  see  no  significant  regulatory  objective  to  be  served  by 
 deletion  of  this  emission  type. 
 45.  Rockwell  Collins  also  recommends  that  the  Commission  abandon  its  existing  approach  of  authorizing  emission  types  one  by  one  and  simply  include  language  to  permit  all  waveforms  as  long  as 


 the  transmitters  meet  the  other  applicable  technical  specifications.  157  Rockwell  Collins  adds  that  if  this  approach  is  adopted,  the  impacts  of  interference,  particularly  ultra-  wideband  interference    that  may 
 raise  the  overall  spectrum  noise  floor,  [must]  be  clearly  understood.  158  Inmarsat  likewise  favors  amendment  of  the  Part  87  Rules  to  authorize  the  use  of  any  emission  type  if  other  requirements  are  met.  159 
 Eliminating  the  designation  of  specific  emission  types  would,  in  Inmarsats  view,  accommodate  the  rapid  advances  in  digital  communications  that  result  in  the  introduction  of  new  emission  types  into 
 satellite  communications  systems  on  a  regular  basis.  160  Although  we  believe  there  may  be  merit  to  this  proposal,  we  also  believe  that  the  potential  ramifications  of  this  proposal  for  the  interference  environment 
 in  the  VHF  aeronautical  spectrum  counsel  against  its  adoption  on  the  basis  of  the  current  record.  We  believe  the  record  should  be  augmented  on  the  question  of  what  additional  technical  specifications,  if  any, 
 may  be  needed  to  ensure  that  the  authorization  of  all  emission  types  does  not  result  in  increased  interference,  especially  interference  to  safety-  related  communications.  We  discuss  this  proposal  further, 
 and  seek  additional  comment  on  it,  in  the  FNPRM.  161 
 H.  Removal  of  References  to  the  Civil  Air  Patrol  (CAP) 
 46.  Background.  Part  87  contains  several  references  to  the  Civil  Air  Patrol  (CAP).  162  In  the  NPRM,  the  Commission  questioned  whether  it  was  necessary  to  retain  these  references.  In  this 


 connection,  it  noted  that,  at  present,  there  are  no  outstanding  licenses  for  CAP  stations,  the  Commission  has  no  formal  relationship  with  CAP  (which  is  authorized  by  the  Air  Force  and  the  National 
 Telecommunications  and  Information  Administration  (NTIA)),  and  there  is  no  apparent  need  to  carve  out  special  licensing  provisions  for  CAP  stations.  163 


 47.  Discussion.  The  FAA,  the  sole  commenter  to  address  this  issue,  supports  deleting  all  Part  87  references  to  the  CAP.  164  We  conclude  that,  for  the  reasons  stated  in  the  NPRM,  there  is  no  continuing 
 regulatory  purpose  to  be  served  by  maintaining  the  references  to  the  CAP,  and  we  will,  therefore,  delete  them.  Moreover,  those  frequencies  that  had  been  listed  as  CAP  frequencies  in  Section  87.173(  b)  of  our 
 Rules  will  be  reserved,  and  we  request  comment  in  the  FNPRM  on  reallotting  them  for  other  Aviation 


 155  47  C.  F.  R    87.  137. 
 156  ARINC/  ATA  Comments  at  25. 
 157  Rockwell  Collins  Comments  at  9. 
 158  Id. 
 159  Inmarsat  Reply  Comments  at  1. 
 160  Id. 
 161  See    78,  infra. 
 162  Specifically,  the  CAP  is  the  subject  of  Subpart  R  of  Part  87,  47  C.  F.  R.    87.  501-  87.503,  and  is  also  referenced 
 in  47  C.  F.  R.    87.  5,  87.  25(  f),  87.  133(  c),  87.  145(  c),  87.  169,  87.  171,  87.  173(  b),  and  95.  655(  a).  163 
 NPRM,  16  FCC  Rcd  at  19019    35.  164 
 FAA  Comments  at  2. 
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 Radio  Service  uses.  165 
 I.  Addition  of  Station  Class  Codes 
 48.  Background.  The  Part  87  Rules  use  two-  or  three-  character  codes  to  classify  the  different  types  of  stations  in  the  Aviation  Radio  Service.  166  In  the  NPRM,  the  Commission  expressed  a  belief  that 


 it  should  update  the  station  class  codes  to  reflect  advances  in  ground  control  technology  and  changes  in  airport  procedures.  167  Specifically,  the  Commission  proposed  to  add  five  additional  station  class  codes:  168 
 (a)  Remote  Communications  Outlet  (RCO),  169  (b)  Ground  Communication  Outlet  (GCO),  170  (c)  Ramp  Control  (RPC),  171  (d)  RADAR/  TEST  (RLD),  172  and  (e)  Radio  Navigation  Land/  DME  (RNV).  173  The 
 Commission  reasoned  that  adding  these  five  proposed  new  station  class  codes  would  have  the  Part  87  station  classification  scheme  conform  to  terms  of  art  used  in  the  aviation  community,  increase  the 
 accuracy  of  its  licensing  database,  and  enable  the  Commission  to  better  coordinate  its  licensing  activities  with  the  NTIAs  Interdepartment  Radio  Advisory  Committee  (IRAC)  174  and  the  FAA  by  adding  a  greater 
 level  of  detail  to  the  coordination  process.  175  In  addition  to  seeking  comment  on  the  proposed  new  station  class  codes,  the  Commission  solicited  comment  on  the  broader  issue  of  whether  it  should  eliminate 
 station  class  codes  from  Part  87,  and  utilize  them  solely  within  the  application  process.  176  The  Commission  noted  that  such  an  approach  is  used  for  the  Private  Land  Mobile  Radio  (PLMR)  Services; 
 although  station  class  codes  are  employed  in  the  filing  and  processing  of  PLMR  applications,  they  are  not  codified  in  the  Commissions  Part  90  Rules.  In  the  NPRM,  the  Commission  tentatively  concluded  that 
 removing  the  station  class  codes  from  Part  87  would  not  only  streamline  our  rules,  but  would  also  simplify  the  task  of  maintaining  a  technologically  current  list  of  station  codes  by  allowing  us  to  update  or 
 otherwise  modify  the  station  class  code  list  as  necessary  without  having  to  go  through  a  formal  rule  making  process  each  time.  177 


 49.  Discussion.  We  will  add  the  five  new  station  class  codes  proposed  in  the  NPRM.  Adding  these  five  station  class  codes  will  permit  greater  precision  in  classifying  and  coordinating  these  stations. 


 165  See    84,  infra. 
 166  The  station  class  codes  are  listed  in  47  C.  F.  R.    87.  171. 
 167  NPRM,  16  FCC  Rcd  at  19019-  20    36. 
 168  Id. 
 169  An  RCO  is  an  unmanned  communications  facility  remotely  controlled  by  air  traffic  personnel. 
 170  A  GCO  is  an  unstaffed,  remotely  controlled,  ground-  to-  ground  communications  facility. 
 171  An  RPC  is  a  facility  specifically  authorized  to  control  the  movement  of  aircraft  in  the  defined  ramp  or  apron  area 
 of  an  airport.  172 
 An  RLD  is  a  land  station  operating  radar  or  testing  the  operations  of  radar.  173 
 An  RNV  is  equipment  (airborne  and  ground)  used  to  measure  the  slant  range  distance  from  the  Distance  Measuring  Equipment  (DME)  navigational  aid. 


 174  The  IRAC  is  composed  of  representatives  appointed  by  twenty-  three  member  federal  departments  and  agencies. 
 A  representative  appointed  by  the  Commission  to  serve  in  that  capacity  effects  liaison  between  the  IRAC  and  the  FCC.  The  IRAC  serves  in  an  advisory  capacity  pertaining  to  the  allocation,  management,  and  use  of  the  radio 


 spectrum.  The  IRAC  advises  the  Assistant  Secretary  for  Communications  and  Information,  U.  S.  Department  of  Commerce,  and  reports  to  the  Deputy  Associate  Administrator,  Office  of  Spectrum  Management. 
 175  NPRM,  16  FCC  Rcd  at  19020    36. 
 176  Id. 
 177  Id. 
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 We  note  that  this  proposal  is  unopposed  by  any  commenter  in  the  proceeding.  178  As  proposed  in  the  NPRM,  we  will  begin  licensing  new  stations  using  these  new  codes  on  the  effective  date  of  these  rule 
 changes,  and  will  bring  existing  stations  into  conformance  with  these  new  station  codes  as  we  receive  renewal  or  modification  applications.  179  We  decline  at  this  time  to  adopt  a  new  station  class  code  for 
 Universal  Access  Transceiver  (UAT)  stations,  as  proposed  by  the  FAA,  because  we  have  determined  to  request  further  comment  on  the  FAA  and  UPS  proposals  to  authorize  UAT  operations  on  the  frequency 
 978  MHz.  180  We  will  revisit  this  issue  after  reviewing  the  comments  submitted  in  response  to  the  FNPRM.  We  conclude,  after  further  consideration  of  whether  to  remove  station  class  codes  from  Part  87 
 and  refer  to  them  solely  in  the  licensing  process,  that  the  station  class  codes  should  remain  codified  in  Part  87.  181  The  Commission  suggested  in  the  NPRM  that  removing  the  station  class  codes  would  both 
 streamline  Part  87  and  facilitate  future  updating  of  the  codes  by  obviating  the  need  for  rulemaking  proceedings.  However,  for  two  reasons,  we  now  believe  that  removing  station  class  codes  from  Part  87 
 would  actually  add  to  the  complexity  of  Part  87.  First,  the  class  codes  provide  a  short-  hand  description  of  types  of  stations  which  would  have  to  be  replaced  by  a  lengthier  description  of  the  stations  if  the  codes 
 are  removed.  Second,  the  frequency  table  in  Section  87.173  182  would  have  to  be  expanded  significantly  to  ensure  clarity  as  to  what  types  of  stations  are  authorized  on  particular  frequencies.  Although  removing 
 the  station  class  codes  from  Part  87  potentially  would  offer  the  advantage  of  avoiding  a  need  to  amend  Part  87  whenever  the  class  codes  are  changed,  augmented  or  deleted,  we  believe  that  the  overall  balance 
 of  considerations  favors  keeping  the  class  codes  in  Part  87. 
 J.  Differential  Global  Positioning  System  (DGPS) 
 50.  Background.  The  Global  Positioning  System  (GPS)  is  a  radio  navigation  system  with  global  coverage  that  utilizes  a  constellation  of  twenty-  four  satellites  to  provide  users,  both  military  and  civilian, 


 with  real-  time  location,  velocity  and  timing  information.  DGPS  represents  an  advancement  of  GPS  technology  that  improves  the  positioning  accuracy  that  can  be  obtained  by  GPS  receivers,  by  adjusting  for 
 positioning  errors  caused  by,  for  example,  signal  bounce  or  signal  noise.  DGPS  uses  fixed  transmitting  stations,  which  calculate  differences  in  known  locations  with  the  position  the  GPS  satellite  system  is 
 indicating,  and  send  this  differential  information  via  radio  link  to  mobile  units.  DGPS  can  be  provided  from  stations  on  the  ground,  through  Ground  Based  Augmentation  Systems  (GBAS),  183  and  via  satellite, 
 through  Space  Based  Augmentation  Systems  (SBAS).  184  In  1999,  at  the  FAAs  request,  the  Commission 


 178  The  FAA  supports  adding  the  five  proposed  station  class  codes  (FAA  Reply  Comments  at  1),  plus  another  new 
 station  class  code  or  codes  for  Universal  Access  Transceiver  (UAT)  stations.  FAA  Comments  at  15  (supporting  multiple  station  class  codes  for  ground,  airborne,  and  vehicular  UAT  stations).  As  discussed  in  greater  detail 


 elsewhere,  the  FAA  and  UPS  proposals  to  add  UAT  stations  to  the  station  class  codes  are  made  in  conjunction  with  their  proposals  to  amend  the  Rules  to  accommodate  UAT  operations  on  the  frequency  978  MHz.  See    77,  infra. 
 179  NPRM,  16  FCC  Rcd  at  19020    36. 
 180  See    77,  infra. 
 181  The  FAA,  joined  by  UPS,  also  supports  removing  station  class  codes  from  Part  87  and  referring  to  them  only  in 
 the  licensing  process.  See  FAA  Comments  at  15;  see  also  UPS  Comments  at  3.  The  FAA  also  states  in  its  comments  that  Station  Classes  are  an  integral  part  of  the  Government  Master  File  records  and  cannot  totally  be 


 eliminated  for  ground  stations.  If  the  FCC  provides  the  type  of  service  on  proposals  for  ground  equipment    the  FAA  can  add  the  appropriate  station  class  to  the  NTIA  record.  FAA  Comments  at  2. 
 182  47  C.  F.  R.    87.173(  b). 
 183  The  FAA  operates  a  GBAS  called  a  Local  Area  Augmentation  System  (LAAS),  which  provides  aircraft  with 
 increased  location  accuracy  (to  within  ten  meters).  LAAS  transmitters  are  placed  within  airports  to  provide  specific  GPS  correction  information  for  the  landing  area. 


 184  The  FAA  also  operates  an  SBAS  called  a  Wide  Area  Augmentation  System  (WAAS).  WAAS  is  composed  of  24 
 ground  reference  stations  in  the  United  States.  The  SBAS  stations  compute  their  GPS-  derived  locations  and  (continued....) 
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 amended  Part  87  of  its  Rules  to  authorize  the  operation  of  DGPS  in  the  112-  118  MHz  band.  185  In  2000,  the  NTIA  permitted  DGPS  to  be  used  by  the  Government  for  aircraft  navigation  on  a  primary  basis  in  the 
 108-  117.975  MHz,  1559-  1610  MHz,  and  5000-  5150  MHz  bands.  186  Later  that  year,  the  FAA  petitioned  the  Commission  to  allow  the  use  of  DGPS  throughout  the  108-  117.975  MHz  band.  187 


 51.  In  response  to  the  earlier  proposals  and  actions  of  the  NTIA  and  the  FAA,  in  the  NPRM,  the  Commission  proposed  to  add  a  new  footnote,  US343,  to  the  Commissions  Table  of  Frequency 
 Allocations,  188  to  read  as  follows: 
 US343  Differential-  Global-  Positioning-  System  (DGPS)  Stations  may  be  authorized  on  a  primary  basis  in  the  bands  108-  117.975  MHz  and  1559-  1610  MHz  for  the  specific 


 purpose  of  transmitting  DGPS  information  intended  for  aircraft  navigation.  189 
 The  Commission  further  proposed  to  expand  the  authorization  for  DGPS  from  the  112-  118  MHz  band  to  the  108-  117.975  MHz  on  a  primary  basis.  190  In  addition,  the  Commission  proposed  to  change  the 


 designation  of  DGPS  as  a  developmental  technology,  and  instead  license  DGPS  systems  on  a  routine  non-developmental  basis.  191  Although  the  Commission  also  proposed  to  authorize  DGPS  operations  in  the 
 1559-  1610  MHz  band,  192  it  tentatively  concluded  in  the  NPRM  that  it  should  not  authorize  the  use  of  DGPS  in  the  5000-  5150  MHz  band  because  the  FAA  has  determined  that  DGPS  use  of  the  5000-  5150 
 MHz  band  is  not  technically  feasible.  193 
 52.  Discussion.  We  believe  that  the  widespread  adoption  of  DGPS  technology  by  the  aviation  community  demonstrates  that  the  developmental  technology  classification  is  no  longer  necessary,  194  and 


 that  it  would  serve  the  public  interest  to  authorize  DGPS  operations  on  a  non-  developmental  basis  in  the 


 (...  continued  from  previous  page)  compare  them  with  their  surveyed  locations.  A  master  station  receives  the  data  and  sends  corrections  to  aircraft  via 
 INMARSAT  satellites,  over  the  L1  frequency  used  by  GPS  (1575.  42  MHz).  185 
 See  Amendment  of  Part  87  of  the  Commissions  Rules  to  Permit  Automatic  Operation  of  Aeronautical  Advisory  Stations  (Unicoms),  Report  and  Order,  WT  Docket  96-  1,  14  FCC  Rcd  3722,  3730-  31    20-  22  (1999);  47  C.  F.  R. 


 87.  475(  e).  Licensees  are  also  providing  DGPS  in  this  band  pursuant  to  developmental  authority.  See  47  C.  F.  R.    87.  37. 
 186  See  NTIA's  Manual  of  Regulations  and  Procedures  for  Federal  Radio  Frequency  Management,  January  2000 
 Edition,  at  4-  59,  4-  94  (NTIA  Manual).  187 
 See  Letter,  dated  September  19,  2000  from  George  K.  Sakai,  Program  Director  for  Spectrum  Policy  and  Management,  FAA,  to  Magalie  Roman  Salas,  Secretary,  Federal  Communications  Commission. 


 188  47  U.  S.  C.    2.106. 
 189  NPRM,  16  FCC  Rcd  at  19021    39.  The  Commission  noted  in  the  NPRM  that  a  footnote  of  this  kind  is  necessary 
 because  DGPS  signals  are  data  streams  transmitted  from  either  a  fixed  terrestrial  location  or  from  a  satellite,  while  the  108-  117.975  MHz  band  is  allocated  only  to  the  Aeronautical  Radionavigation  Service.  By  definition,  a  data 


 transmission  is  not  considered  a  radionavigation  application.  Radionavigation  must  be  accomplished  by  obtaining  information  by  means  of  the  propagation  properties  of  radio  waves.  Id.  at  19021  n.  90  (citing  47  C.  F.  R.    87.  5). 
 190  Id.  at  19021-  22    40.  Setting  118  MHz  as  the  upper  limit  of  the  allocation  constituted  a  rounding  error  which  the 
 Commission  proposed  to  correct.  Id.  191 
 Id.  192 
 Id.  at  19022    41.  193 
 Id.  194 
 See  ARINC/  ATA  Comments  at  21. 
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 108-  117.975  MHz  and  1559-  1610  MHz  bands.  195  Authorizing  DGPS  operations  in  the  108-  117.  975  MHz  and  1559-  1610  MHz  bands  will  promote  aviation  safety  by  permitting  expanded  use  of  the  radio 
 navigation  technology  that  provides  the  most  accurate  positioning  information.  196 
 53.  AFCCE,  while  supporting  extension  of  the  DGPS  authorization  to  108-  112  MHz,  recommends  that  the  Commission  mandate  that  the  DGPS  receivers  operating  in  this  spectrum  be 


 compliant  with  the  ICAO  standards.  197  AFFCE  asserts  that  requiring  compliance  with  the  ICAO  EMI  requirements  will  promote  safety.  AFFCE  and  Hammett  &  Edison  argue  that  without  such  a  requirement, 
 DGPS  receivers  will  be  more  vulnerable  to  interference  from  FM  and  television  broadcast  stations,  as  a  consequence  of  which  the  FAA  may  issue  Air  Navigation  Hazard  determinations  that  would  lead  to  the 
 Commissions  denial  of  applications  for  new  broadcast  stations  that  would  otherwise  be  in  the  public  interest.  198  AFCCE  and  Hammett  &  Edison  both  propose  that  the  Commission  condition  the  extension  of 
 the  DGPS  authorization  or  otherwise  take  steps  to  require  the  FAA  to  change  the  computer  model  it  uses  to  investigate  broadcast-  aviation  electromagnetic  compatibility  issues,  the  Airspace  Analysis  Model 
 (AAM),  by  incorporating  the  performance  parameters  of  ICAO-  compliant  DGPS  receivers.  199  The  AAM  needs  to  be  changed,  Hammett  &  Edison  adds,  because  it  already  grossly  over-  predicts  interference  to 
 Instrument  Landing  Systems  (ILS)  from  FM  broadcast  stations  due  to  the  models  presumption  of  a  worst  performing  aircraft  receiver.  200  If  the  AAM  were  based  on  an  ICAO-  compliant  receiver, 
 Hammett  &  Edison  posits,  there  would  be  an  approximately  20  dB  reduction  in  the  projected  EMI  threat  posed  by  the  FM  broadcast  station.  Hammett  &  Edison  concludes  that  the  present  FAA  policy  of  basing 
 its  AAM  on  worst  case  aircraft  radios  results  in  unreasonable  predictions  of  interference  in  modern  receivers.  201 


 54.  After  the  comment  period  in  this  proceeding  closed,  the  International  Telecommunication  Union  (ITU)  2003  World  Radiocommunication  Conference  (WRC-  03)  approved  Resolution  413,  titled 
 Use  of  the  band  108-  117.975  MHz  by  aeronautical  services.  The  Resolution  states,  in  relevant  part,  that  any  additional  aeronautical  systems  planned  to  operate  in  the  frequency  band  108-  117.975  MHz 
 shall  as  a  minimum,  meet  the  FM  broadcasting  immunity  requirements  contained  in  Annex  10  of  the  ICAO  Convention  on  International  Civil  Aviation  for  existing  aeronautical  radionavigation  systems 
 operating  in  this  frequency  band. 
 55.  Since  the  WRC  has  recognized  the  importance  of  compatibility  between  FM  broadcasting  systems  and  DGPS  systems,  and  because  we  believe  requiring  compliance  with  the  ICAO  EMI 


 requirements  will  promote  safety,  we  adopt  the  ICAO  immunity  standards  as  required  by  Resolution  413.  202  Therefore,  all  DGPS  receivers  certified  for  use  in  the  band  108-  117.975  MHz  must  comply  with 


 195  The  FAA  and  ARINC/  ATA  unequivocally  support  authorization  of  DGPS  on  a  non-  developmental  basis  in  the 
 108-  117.  975  MHz  and  1559-  1610  MHz  bands.  FAA  Comments  at  2;  ARINC/  ATA  Comments  at  20-  21.  196 
 Inasmuch  as  none  of  the  commenters  has  challenged  the  FAAs  determination  that  use  of  the  5000-  5150  MHz  band  for  DGPS  is  technically  infeasible,  or  otherwise  commented  on  our  tentative  conclusion  regarding  this  matter, 


 we  will  not  authorize  the  use  of  DGPS  in  the  5000-  5150  MHz  band  at  this  time.  197 
 AFFCE  Comments  at  2.  198 
 Id.  at  2-  3;  Hammett  &  Edison  Comments  at  2-  4.  199 
 AFCCE  Comments  at  3;  Hammett  &  Edison  Comments  at  2-  3.  200 
 Hammett  &  Edison  Comments  at  3.  201 
 Id.  at  4.  202 
 The  NTIA  also  supports  an  FCC  requirement  that  DGPS  receivers  meet  the  ICAO  standards  for  EMI  immunity.  See  Letter,  dated  Sept.  12,  2002,  from  Frederick  R.  Wentland,  Associate  Administrator,  Office  of  Spectrum 


 Management,  NTIA,  to  Ed  Thomas,  Chief,  Office  of  Engineering  and  Technology,  FCC  at  1. 
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 the  sensitivity  and  intermodulation  immunity  requirements  contained  in  ICAO  Annex  10  paragraphs  3.6.8.  2.2.  8.2  and  3.6.8.2.2.8.3.  203  We  also  believe  this  requirement  will  promote  the  spectrum  efficiency 
 benefits  envisioned  in  the  Spectrum  Policy  Task  Force  Report.  204  Due  to  the  decreased  likelihood  of  FM  broadcast  stations  posing  an  interference  threat  to  aviation  communications,  we  believe  that  this  decision 
 will  also  ease  the  burden  on  new  broadcast  stations,  as  stated  by  AFCCE  and  Hammett  &  Edison.  205 


 K.  Aeronautical  Advisory  Station  (Unicom)  Issues 
 56.  Background.  Section  87.215(  b)  of  the  Commissions  Rules  206  specifies  that  only  one  unicom  will  be  authorized  at  an  uncontrolled  airport,  i.  e.,  an  airport  which  does  not  have  either  a  control  tower,  207 


 a  control  tower  remote  communications  outlet  (RCO),  208  or  an  FAA  flight  service  station  (FSS).  209  At  controlled  airports,  i.  e.,  airports  that  have  a  full-  time  control  tower,  RCO,  or  FSS,  multiple  licensees  may 
 be  authorized,  but  must  share  a  single  frequency,  122.950  MHz,  210  and  may  not  transmit  information  regarding  runway  conditions,  wind,  or  weather  during  the  hours  of  operation  of  the  controlling  facility.  211 


 203  See  Convention  on  International  Civil  Aviation  (Chicago,  IL,  7  Dec  1944)  Annex  10  Volume  I  paragraphs 
 3.6.8.2.2.8.2  and  3.  6.  8.  2.  2.  8.  3,  as  amended.  204 
 See  Spectrum  Policy  Task  Force  Report,  ET  Docket  No.  02-  135,  November  15,  2002;  see  also  Interference  Immunity  Performance  Specifications  for  Radio  Receivers,  Notice  of  Inquiry,  ET  Docket  No.  03-  65,  18  FCC  Rcd 


 6039  (2003)  (indicating  that  the  Commission  may  rely  to  a  greater  extent  on  receiver  standards,  including  in  some  cases  mandatory  receiver  standards,  to  facilitate  greater  access  to  the  spectrum  resource). 
 205  The  EMI  immunity  requirements  for  DGPS  receivers  will  be  codified  in  a  new  Section  87.151  of  the 
 Commissions  Rules,  47  C.  F.  R.    87.  151.  In  addition,  we  are  adding  language  to  proposed  footnote  US343  to  the  Section  2.106  Table  of  Frequency  Allocations  to  mandate  that  DGPS  receivers  comply  with  Resolution  413. 


 Relatedly,  we  will  add  to  the  International  column  of  the  Table  of  Frequency  Allocations  for  the  bands  108-  117.  975  MHz  and  1559-  1610  MHz  the  pertinent  international  footnotes  adopted  at  WRC-  03:  footnote  5.  197A  for  the  band 
 108-  117.  975  MHz,  and  footnote  5.328B  for  the  band  1559-  1610  MHz.  206 
 47  C.  F.  R.    87.215(  b).  207 
 Control  towers  provide  air  traffic  control  services  to  aircraft  landing  on,  taking  off  from,  and  taxiing  at  an  airport,  as  well  as  aircraft  transiting  an  airport's  traffic  area.  47  C.  F.  R.    87.  417(  a). 


 208  An  RCO  is  an  aeronautical  radio  station  at  a  small  uncontrolled  airport  located  near  a  large  airport  with  a  control 
 tower  (a  controlled  airport).  The  RCO  is  connected  via  landlines  to  the  control  tower  (or  other  FAA  control  facility),  and  enables  the  FAA  to  provide  air  traffic  services  to  more  airports  and  aircraft  than  would  normally  be 


 served  by  the  control  facility  alone.  See  Amendment  of  the  Aviation  Services  Rules  (Part  87)  to  Provide  for  the  Licensing  of  Control  Tower  Remote  Communications  Outlet  Stations  at  Airports  Without  Control  Towers,  Order, 
 RM-  6791,  5  FCC  Rcd  4550  (1990).  209 
 A  flight  service  station  is  part  of  a  network  of  stations  providing  weather  briefings  and  information  on  flight  facilities,  and  monitoring  the  navigational  radio  net.  John  F.  Welch,  ed.,  Van  Sickle's  Modern  Airmanship  737 


 (1981).  210 
 47  C.  F.  R.    87.  217(  a)(  1).  211 
 47  C.  F.  R.    87.  213(  b)(  1).  In  addition,  some  airports  that  do  have  an  RCO  or  flight  service  station  (FSS)  are  subject  to  the  one  unicom-  per-  airport  limitation.  The  purpose  of  Section  87.  215(  b)  is  to  prevent  the  licensing  of 


 more  than  one  unicom  at  an  uncontrolled  airport  in  the  interest  of  public  safety.  Accordingly,  the  rules  statement  that  the  limitation  does  not  apply  to  airports  that  have  a  control  tower,  FSS,  or  RCO  is  interpreted  to  mean  only  that 
 the  limitation  does  not  apply  to  airports  with  a  control  tower,  FSS,  or  RCO  that  effectively  controls  traffic  at  that  airport.  An  airport  with  an  FSS  or  RCO  may  nonetheless  be  deemed  uncontrolled  if  the  facility  does  not  have  the 
 capacity  to  issue  common  traffic  advisories.  Multiple  licensees  are  permitted  only  at  those  airports  where  there  is  no  need  for  a  specified  common  traffic  advisory  frequency  (CTAF)  or  the  air  traffic  control  facility  frequency  serves  as 
 the  CTAF.  At  airports  with  a  unicom  frequency  as  the  published  CTAF,  the  one  unicom  per  airport  limitation  applies,  even  if  the  airport  has  an  FSS  or  RCO.  See  Resort  Aviation  Services,  Inc.,  Hearing  Designation  Order,  WT 
 (continued....) 
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 The  vast  majority  of  airports  in  the  United  States  are  uncontrolled  airports,  212  where  unicoms  are  often  the  only  available  source  of  this  critical  safety-  related  information,  and  where  the  one  licensee-  per-  airport 
 restriction  is  applicable. 
 57.  In  the  NPRM,  the  Commission  sought  comment  on  a  number  of  issues  pertaining  to  unicoms.  First,  the  Commission  sought  comment  on  whether  its  designation  of  unicom  frequencies  as  either  MA 


 (all  aircraft)  or  MA2  (private  aircraft  only)  should  be  eliminated  because  the  apparent  reluctance  of  licensees  to  request  an  MA2  frequency  may  be  causing  congestion  on  the  MA  frequencies.  213  Second,  the 
 Commission  sought  comment  on  whether  Section  87.217(  a)  of  the  Rules  214  should  be  amended  to  require,  rather  than  permit,  unicom  applicants  to  identify  a  specific  frequency  for  which  they  seek  to  be  licensed, 
 in  order  to  prevent  situations  in  which  the  channel  that  produces  maximum  geographic  co-  channel  separation  is  not  the  most  appropriate  channel  for  the  particular  airport.  215  In  such  situations,  the 
 Commission  observed,  the  applicant  petitions  the  Commission  for  another  frequency,  a  step  that  consumes  both  the  airports  and  the  Commissions  time  and  resources.  216 


 58.  Finally,  the  Commission  requested  comment  on  how  to  choose  among  mutually  exclusive  applicants  competing  for  the  single  unicom  license  available  at  an  uncontrolled  airport.  217  Currently, 
 mutually  exclusive  unicom  applications  are  designated  for  comparative  hearing,  a  process  that  the  Commission  views  as  lengthy,  expensive  and  inefficient.  218  The  Commission  noted  that,  under  the 
 Balanced  Budget  Act  of  1997,  it  is  required  to  use  competitive  bidding  to  resolve  mutually  exclusive  applications  for  initial  licenses,  unless  licenses  are  covered  by  an  exemption  set  forth  in  the  statute.  219 
 However,  as  the  Commission  further  noted,  the  statute  also  provides  that  the  Commission  has  an  obligation  to  avoid  mutual  exclusivity  in  proceedings  if  it  is  in  the  public  interest  to  do  so,  by  employing 
 engineering  solutions,  negotiations,  threshold  qualifications,  service  regulations,  and  other  appropriate  means.  220  In  the  NPRM,  the  Commission  indicated  that  unicoms  at  uncontrolled  airports  provide  services 
 that  contribute  to  the  safety  of  life,  health,  and  property;  there  is  no  alternative  spectrum  for  the  provision  of  these  services;  and  a  government  entity  is  typically  one  of  the  applicants  when  there  are  mutually 


 (...  continued  from  previous  page)  Docket  No.  02-  179,  17  FCC  Rcd  12816,  12816  n.  2  (WTB  PSPWD  2002)  (citing  Reorganization  and  Revision  of 
 Part  87  of  the  Rules  Governing  the  Aviation  Services,  Notice  of  Proposed  Rule  Making,  PR  Docket  No.  87-  214,  2  FCC  Rcd  4069,  4070    11-  12  (1987)). 
 212  As  of  December  31,  2002,  there  were  19,572  airports  in  the  United  States.  Control  towers  operated  at  449  of 
 these.  There  were  76  FAA  flight  service  stations,  of  which  60  were  automated  flight  service  stations.  FAA  Administrator's  Fact  Book  at  16,  34  (June  2003). 


 213  NPRM,  16  FCC  Rcd  at  19023    44. 
 214  47  C.  F.  R.    87.  217(  a). 
 215  NPRM,  16  FCC  Rcd  at  19023    45. 
 216  Id. 
 217  Id.  at  19023-  25    46-  49. 
 218  Id.  at  19023    46. 
 219  Id.  (citing  47  U.  S.  C.    309(  j)(  2);  Implementation  of  Sections  309(  j)  and  337  of  the  Communications  Act  of  1934 
 as  Amended,  Report  and  Order  and  Further  Notice  of  Proposed  Rule  Making,  WT  Docket  No.  99-  87,  15  FCC  Rcd  22709,  22715-  17    13-  17  (2000)  (BBA  Report  and  Order)).  Subsequent  to  the  release  of  the  NPRM  in  this 


 proceeding,  the  Commission  denied  petitions  for  reconsideration  of  the  BBA  Report  and  Order.  See  Implementation  of  Sections  309(  j)  and  337  of  the  Communications  Act  of  1934  as  Amended,  Memorandum  Opinion  and  Order,  WT 
 Docket  No.  99-  87,  17  FCC  Rcd  7553  (2002),  petition  for  reconsideration  pending.  220 
 47  U.  S.  C.    309(  j)(  6)(  E). 
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 exclusive  unicom  applications.  221  The  NPRM  therefore  tentatively  concluded  that  it  would  serve  the  public  interest  to  adopt  a  licensing  scheme  that  avoids  mutually  exclusive  unicom  applications,  at  least 
 where  government  entities  are  involved.  222  The  NPRM  offered  the  following  possible  alternatives  for  avoiding  mutual  exclusivity:  licensing  on  a  first-  come,  first-  served  basis;  providing  a  preference  for 
 airport  owners;  and  providing  incumbent  unicom  licensees  with  a  renewal  expectancy.  223 
 59.  Discussion.  We  will  eliminate  the  MA/  MA2  dichotomy  for  unicom  licenses,  and  will  require  unicom  applicants  to  specify  the  particular  frequencies  that  they  seek.  224  We  believe  that  the  MA/  MA2 


 distinction  no  longer  serves  any  significant  regulatory  objective.  Further,  our  licensing  experience  indicates  that  classifying  unicom  frequencies  as  MA  or  MA2  is  counterproductive.  We  believe  that 
 allowing  all  unicom  frequencies  to  be  used  for  all  aircraft  will  provide  more  flexibility  in  the  assignment  of  frequencies.  Further,  having  unicom  applicants  specify  a  particular  frequency  also  will  increase 
 applicants  flexibility.  The  Universal  Licensing  System  225  requires  that  applicants  do  so,  and  it  has  been  the  experience  of  our  licensing  staff  that  this  procedure  is  more  efficient,  and  has  reduced  the 
 administrative  burden  on  licensees  and  the  Commission.  Accordingly,  elimination  of  the  MA/  MA2  dichotomy  for  unicom  licenses  is  appropriate,  as  is  our  requiring  unicom  applicants  to  specify  a  particular 
 frequency  that  they  seek. 
 60.  Given  that  unicom  stations  provide  vital  safety-  related  information  to  pilots  at  uncontrolled  airports,  we  believe  that  they  should  be  licensed  on  the  basis  of  public  safety  criteria.  Moreover,  the 


 public  safety  function  of  unicoms  suggests  that  the  use  of  competitive  bidding  procedures  would  not  be  appropriate  for  unicoms  226  because  of  the  lag  time  that  would  result  between  the  time  an  incumbent 
 licensee  terminates  service  and  the  time  when  a  new  licensee  is  selected  (i.  e.,  after  an  auction  is  scheduled  and  conducted).  227  In  addition,  the  fact  that  mutual  exclusivity  in  the  unicom  context  typically  involves  a 
 government  entity  competing  against  a  private  company  further  militates  against  reliance  on  competitive  bidding  procedures  to  select  licensees. 


 221  NPRM,  16  FCC  Rcd  at  19024    48. 
 222  Id. 
 223  Id.  at  19024    49. 
 224  ARINC/  ATA  argues  that  the  congestion  in  the  unicom  frequencies  stems  primarily  from  the  desire  of  unicom 
 licensees  and  general  aviation  aircraft  to  operate  on  100-  kHz  channels.  ARINC/  ATA  Comments  at  29.  Both  ARINC/  ATA  and  the  FAA  believe  that  the  answer  to  the  frequency  congestion  problem  is  for  the  Commission  to 


 apply  its  existing  rules  to  ensure  that  unicom  frequencies  are  assigned  with  proper  geographic  separation.  Id.;  FAA  Comments  at  2. 
 225  The  Universal  Licensing  System,  or  ULS,  is  the  Commissions  electronic,  interactive  licensing  system  and 
 database  for  wireless  radio  services.  See  Amendment  of  Parts  0,  1,  12,  22,  24,  26,  27,  80,  87,  90,  95,  97,  and  101  of  the  Commission's  Rules  to  Facilitate  the  Development  and  Use  of  the  Universal  Licensing  System  in  the  Wireless 


 Telecommunications  Services,  Report  and  Order,  WT  Docket  No.  98-  20,  13  FCC  Rcd  21027  (1998),  recon.  14  FCC  Rcd  11476  (1999). 
 226  While  the  FAA,  ARINC/  ATA,  and  Boeing  all  oppose  the  use  of  competitive  bidding  procedures  to  license 
 unicoms,  (FAA  Comments  at  2;  ARINC/  ATA  Comments  at  27-  28;  Boeing  Comments  at  16-  20),  they  disagree  on  the  licensing  procedures  that  should  be  adopted  in  lieu  of  competitive  bidding. 


 227  Cf.  Amendment  of  the  Commissions  Rules  Concerning  Maritime  Communications,  Second  Memorandum 
 Opinion  and  Order  and  Fifth  Report  and  Order,  PR  Docket  No.  92-  257,  17  FCC  Rcd  6685,  6712    59  (2002)  (Coast  Guard  opposes  use  of  competitive  bidding  to  assign  high  seas  public  coast  station  frequencies  because  of,  inter  alia, 


 the  possible  delay  in  licensing  a  replacement  if  a  licensee  discontinues  operations).  This  is  so  even  though  the  Rules  provide  for  licensing  of  unicom  stations  on  an  interim  basis  during  the  period  after  a  unicom  has  been  abandoned  or 
 ceased  operating  and  before  a  new  licensee  is  selected  through  the  normal  licensing  process.  See  47  C.  F.  R.    87.  215(  c).  There  is  no  assurance  that  any  party  would  be  willing  and  able  to  operate  the  station  on  a  stop-  gap 
 basis  without  assurance  that  it  would  ultimately  win  the  regular  license  at  auction. 
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 61.  The  FAA  believes  that  the  hearing  process  remains  a  preferable  means  of  choosing  among  mutually  exclusive  unicom  applicants  because  competitive  bidding  is  not  a  proper  means  of  determining 
 the  licensee  of  a  safety  of  life  service.  228  However,  we  continue  to  believe  that  designating  competing  unicom  applications  for  hearing  is  inefficient,  time-  consuming,  costly,  and  unnecessary. 


 62.  We  decide  to  employ  a  system  of  preferences  to  avoid  the  problems  that  arise  from  mutual  exclusivity.  First,  we  will  grant  incumbent  licensees  a  renewal  expectancy  that  can  be  overcome  only  if  a 
 petitioner  to  deny  license  renewal  can  demonstrate  that  the  licensees  performance  has  been  inadequate.  We  reject  Boeings  suggestion  that  renewal  expectancies  are  not  appropriate  for  unicoms.  229  We  believe 
 that  granting  renewal  expectancies  in  this  context  has  significant  public  interest  benefits,  such  as  promoting  stability,  licensee  investment  and  long-  term  planning,  which  have  been  bases  for  the  use  of 
 renewal  expectancies  in  other  contexts.  230  For  this  service,  however,  we  will  not  require  the  renewal  applicant  to  submit  any  showing  in  the  absence  of  any  pleadings  opposing  the  renewal.  Unless  a  petition 
 to  deny  a  license  renewal  is  filed  within  thirty  days  of  the  filing  of  the  renewal  application,  the  renewal  expectancy  will  vest,  and  the  renewal  application  will  be  granted.  231  We  anticipate  that  renewal 
 applications  will  generally  be  challenged  only  when  a  government  entity  is  dissatisfied  with  the  performance  of  the  incumbent  licensee,  since,  as  discussed  below,  only  the  government  entity  (or  its 
 designee)  will  be  eligible  for  licensing  if  the  challenge  is  successful  and  the  license  became  available.  Accordingly,  challenges  should  be  relatively  infrequent,  and  should  occur  not  because  of  commercial 
 considerations,  but  because  of  safety  concerns.  232 
 63.  We  will  limit  eligibility  for  new  unicom  licenses  to  government  entities  or  their  designees.  233 
 228  FAA  Comments  at  2. 
 229  Boeing  Comments  at  21  n.  45 
 230  See,  e.  g.,  Amendments  to  Parts  1,  2,  27  and  90  of  the  Commission's  Rules  to  License  Services  in  the  216-  220 
 MHz,  1390-  1395  MHz,  1427-  1429  MHz,  1429-  1432  MHz,  1432-  1435  MHz,  1670-  1675  MHz,  and  2385-  2390  MHz  Government  Transfer  Bands,  Report  and  Order,  WT  Docket  No.  02-  8,  17  FCC  Rcd  9980,  10008    69  (establishing 


 renewal  expectancy  for  licensees  operating  in  the  spectrum  transferred  from  Government  to  non-  Government  use);  Amendment  of  the  Commission's  Rules  Regarding  the  37.  0-  38.6  GHz  and  38.  6-  40.  0  GHz  Bands,  Report  and  Order 
 and  Second  Notice  of  Proposed  Rulemaking,  ET  Docket  No.  95-  183,  PP  Docket  No.  93-  253,  12  FCC  Rcd  18600,  18626    49  (1997)  (establishing  renewal  expectancy  for  39  GHz  licensees);  Amendment  of  the  Commissions  Rules 
 to  Establish  New  Personal  Communications  Services,  Second  Report  and  Order,  GEN  Docket  No.  90-  314,  8  FCC  Rcd  7700,  7753    130  (1993)  (establishing  renewal  expectancy  for  PCS  licensees). 
 231  We  will  continue  to  require  a  renewal  applicant  to  provide  notice  of  the  application  to  the  owner  of  the  airport 
 and  to  all  aviation  service  organizations  located  at  the  airport.  See  47  C.  F.  R.    87.  215(  d).  232 
 In  the  event  of  a  challenge,  a  hearing  will  be  designated  to  determine  whether  the  licensee  has  complied  with  the  Commissions  Rules  and  has  provided  substantial  service,  which  we  define  as  service  that  is  sound,  favorable, 


 and  substantially  above  a  level  of  mediocre  service  which  might  just  minimally  warrant  renewal.  This  substantial  service  showing,  as  we  define  it  here,  has  been  used  in  other  services.  See  e.  g.,  47  C.  F.  R.    101.  1011(  a) 
 (establishing  that  a  renewal  expectancy  for  a  Local  Multipoint  Distribution  Service  licensee  hinges  on  the  licensees  ability  to  demonstrate  substantial  service).  This  determination  will  be  made  by  reference  to  the  criteria  that  are  now 
 used  in  comparative  hearings  for  unicom  licenses,  including:  (1)  location  of  the  station  in  relation  to  the  landing  area  and  traffic  patterns;  (2)  hours  of  operation;  (3)  personnel  available  to  provide  unicom  service;  (4)  experience  of 
 applicant  and  employees  in  aviation  and  aviation  communications;  (5)  ability  to  provide  information  pertaining  to  primary  and  secondary  communications  as  specified  in    87.  257  of  the  Commission's  Rules,  47  C.  F.  R.    87.  257;  (6) 
 proposed  radio  system  including  control  and  dispatch  points;  and  (7)  the  availability  of  the  radio  facilities  to  other  fixed-  based  operators.  See,  e.  g.,  Resort  Aviation  Services,  Inc.,  Hearing  Designation  Order,  WT  Docket  No.  02- 
 179,  17  FCC  Rcd  12816  (WTB  PSPWD  2002).  233 
 ARINC/  ATA  supports  reserving  unicom  frequencies  at  uncontrolled  airports  for  municipalities  and  other  government  entities.  ARINC/  ATA  Comments  at  29.  Similarly,  Boeing  favors  according  a  preference  to  government 


 and  quasi-  government  entities.  Boeing  Comments  at  21. 
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 This  public  service  eligibility  nexus  will  ensure  that  new  licensees  have  a  vested  interest  in  public  safety,  and  will  maximize  the  possibility  that  adequate  ongoing  resources  will  be  made  available  for  operating 
 unicom  stations  in  a  manner  that  promotes  public  safety.  Indeed,  we  anticipate  that  many,  if  not  most,  new  licensees  will  be  state  or  local  government  agencies  with  a  public  safety  mission.  For  purposes  of 
 this  requirement,  the  definition  of  eligible  entities  will  follow  the  language  of  Section  337(  f)(  1)(  B)  of  the  Communications  Act,  which  defines  a  class  of  eligible  entities  as  (  i)    State  or  local  government 
 entities;  or  (ii)    nongovernmental  organizations  that  are  authorized  by  a  governmental  entity  whose  primary  mission  is  the  provision  of  [public  safety]  services  .  234  This  licensing  system  does  not 
 preclude  a  private  sector  entity,  by  virtue  of  its  private  sector  status,  from  acquiring  a  new  unicom  license;  235  however,  it  will  be  able  to  do  so  only  with  the  appropriate  designation  by  the  relevant  state  or 
 local  government  agency.  236 
 64.  The  licensing  scheme  that  we  adopt  here  has  several  virtues.  It  will  be  simple  to  administer,  avoids  mutual  exclusivity,  should  keep  churn  in  licensees  at  low  levels,  provides  certainty,  encourages 


 investment  in  unicom  stations,  and,  most  importantly,  provides  for  the  selection  of  licensees  in  a  manner  that  promotes  air  safety.  We  believe  that  government  entities  or  their  private  sector  entity  designees  have 
 the  incentives  and  access  to  resources  that  can  best  ensure  that  aviation  safety  is  the  paramount  focus  in  unicom  station  operations.  However,  by  the  same  token,  we  see  no  reason  to  oust  incumbent  licensees 
 who  have  performed  satisfactorily  in  the  view  of  governmental  authorities.  Accordingly,  our  licensing  rules  will  permit  such  incumbent  licensees  to  retain  their  licenses  unless  and  until  some  other  party 
 successfully  challenges  the  adequacy  of  their  respective  performance  as  unicom  licensees. 
 65.  We  decline  to  adopt  a  rule  to  provide  a  license  preference  for  an  airport  owner  in  situations  in  which  no  government  entity  applies  for  the  license.  237  We  believe  such  a  preference  is  unnecessary 


 given  that  airport  owners  can  be  designated  to  be  the  license  applicant  by  a  government  entity.  238  We  also  decline  to  adopt  a  requirement  for  applicants  to  agree  to  a  sharing  mechanism  in  situations  in  which 
 licensing  preferences  cannot  resolve  problems  posed  by  applications  having  mutual  exclusivity.  239  Although  Boeing  suggests  that  such  applicants  develop  a  sharing  proposal  without  Commission 
 involvement,  we  are  nevertheless  concerned  that  the  Commission  would  have  to  become  involved  in  the 
 234  See  47  U.  S.  C.    337(  f)(  1)(  B).  In  keeping  with  the  statutory  meaning,  we  will  treat  as  public  safety  services  for 
 this  purpose  those  services  the  sole  or  principal  purpose  of  which  is  to  protect  the  safety  of  life,  health,  or  property.  See  47  U.  S.  C.    337(  f)(  1)(  A). 


 235  In  keeping  with  this  eligibility  restriction,  incumbent  licensees  will  be  permitted  to  assign  their  licenses  only  to 
 either  government  entities  or  their  respective  designees.  In  addition,  applications  that  are  pending  when  our  new  requirements  take  effect  and  which  do  not  meet  our  new  eligibility  criteria,  will  be  dismissed.  Any  such  applicant 


 whose  application  has  been  designated  for  hearing  may  obtain  a  refund  of  its  hearing  fee.  See  47  C.  F.  R.    1.1113(  b). 
 236  In  certain  situations,  we  will  consider  requests  for  waivers  of  the  requirement  that  a  private  sector  applicant  be 
 designated  by  a  government  entity.  Such  consideration  will  be  given  in  circumstances  in  which  the  private  sector  applicant  can  demonstrate  convincingly  that  there  is  no  relevant  government  entity  from  which  it  can  obtain  such  a 


 designation,  or  there  are  other  practical  difficulties  to  securing  such  a  designation,  or  the  waiver  is  otherwise  warranted  under  Section  1.925  of  the  Commissions  Rules,  47  C.  F.  R.    1.925.  We  would  consider  there  to  be 
 practical  difficulties  potentially  warranting  a  waiver  if  the  applicant  can  demonstrate,  for  example,  that  obtaining  designation  from  a  government  entity  would  be  prohibitively  costly  or  would  take  too  long.  We  do  not  here  attempt 
 to  catalog  exhaustively  all  the  types  of  practical  difficulties  that  may  warrant  waiver  relief;  we  will  review  all  waiver  requests  on  a  case-  by-  case  basis,  considering  the  particular  circumstances  of  each  case. 
 237  See  Boeing  Comments  at  21. 
 238  We  note,  moreover,  that  airport  owners  are  in  many  cases  government  entities. 
 239  See  Boeing  Comments  at  21.  In  any  event,  we  believe  that  the  licensing  rules  we  adopt  here  preclude  mutual 
 exclusivity  in  the  unicom  licensing  process. 
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 details  of  the  agreement  in  order  to  ensure  consistency  with  the  policy  behind  the  one-  unicom-  station-  per-airport  restriction,  or  otherwise  would  have  to  routinely  intervene  to  resolve  disputes  between  applicants 
 in  such  situations.  The  rules  we  adopt  avoid  this  possibility. 
 L.  South  San  Diego  Uncontrolled  Airspace  Corridor  Group 
 66.  Background.  The  Commission  has  granted  a  general  aviation  special  temporary  authority  (STA)  to  the  South  San  Diego  Uncontrolled  Airspace  Corridor  Group  240  authorizing  the  use  of  the 


 frequency  121.95  MHz  for  air-  to-  ground  and  air-  to-  air  communications  for  aircraft  up  to  13,000  feet  above  mean  sea  level  between  Imperial  Beach,  California  and  Tecate,  Mexico.  241  This  STA  authorizes 
 aircraft  involved  in  parachute  jump  activities  within  the  defined  area  to  use  121.95  MHz  to  communicate  position  and  safety  information.  The  STA  was  granted  because  of  the  large  amount  of  air  traffic  in  this 
 area,  comprised  in  large  part  of  air  traffic  generated  by  the  activities  of  military,  and  other  Federal  Government  and  local  government  entities,  and  the  resultant  spectrum  congestion.  An  STA  is  temporary 
 in  nature,  242  yet  the  conditions  that  created  the  need  for  this  STA  are  not  temporary.  Therefore,  the  Commission  proposed  in  the  NPRM  to  codify  the  terms  of  the  STA  in  Section  87.187  of  the  Rules,  243 
 authorizing  for  an  indefinite  duration  the  use  of  121.95  MHz  for  air-  to-  ground  and  air-  to-  air  communications  for  aircraft  up  to  13,  000  feet  above  mean  sea  level  between  Imperial  Beach,  California 
 and  Tecate,  Mexico.  244 
 67.  Discussion.  We  will  amend  Section  87.187  to  codify  the  terms  of  the  STA  granted  to  the  South  San  Diego  Uncontrolled  Airspace  Corridor  Group.  The  only  commenter  addressing  this  proposal, 


 the  FAA,  supports  it.  245  As  noted,  the  congestion  in  this  area,  and  the  consequent  need  to  use  the  121.95  MHz  frequency  for  position  and  other  safety  communication  information,  is  not  expected  to  end  in  the 
 near  term.  Adopting  this  rule  change,  therefore,  will  provide  greater  certainty  to  the  South  San  Diego  Uncontrolled  Airspace  Corridor  Group  and  relieve  it  of  the  burden  of  filing  repeated  requests  for 
 extensions  of  the  STA  or  for  new  STAs.  It  will  likewise  relieve  the  Commission  of  the  burden  of  repeatedly  processing  such  STA  requests.  We  note  that  this  action  is  consistent  with  our  prior  actions 
 codifying  area-  specific  provisions  in  Section  87.187.  246 


 240  The  South  San  Diego  Uncontrolled  Airspace  Corridor  Group  consists  of  Government  and  non-  Government 
 entities  who  share  a  common  concern  regarding  air  safety  in  this  area.  241 
 See  Letter,  dated  January  25,  2000,  from  FCC  to  Jeff  Stone,  Aviation  Safety  Manager,  Air  Operations  Branch,  U.  S.  Customs  Service,  San  Diego,  California.  The  geographical  area  is  defined  as:  Airspace  located  south  of  the 


 San  Diego  Class  B  between  Imperial  Beach  and  Tecate: 
 32-  35-  00  N.  117-  12-  00  W.  to 
 32-  42-  00  N.  116-  56-  00  W.  to 
 32-  41-  00  N.  116-  41-  00  W.  to 
 32-  35-  00  N.  116-  38-  00  W.  to 
 32-  31-  00  N.  117-  11-  00  W.  and  return.  242 
 See  47  C.  F.  R.    1.931.  243 
 47  C.  F.  R.    87.187.  244 
 NPRM,  16  FCC  Rcd  at  19025    50.  245 
 FAA  Comments  at  2.  246 
 See,  e.  g.,    87.  187(  bb),  (cc). 
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 M.  Charter  Aircraft  Call  Signs 
 68.  Background.  A  wet  lease  is  an  arrangement  by  which  the  lessor  agrees  to  provide  an  entire  aircraft  and  at  least  one  crewmember  to  the  lessee.  247  Some  U.  S.  air  carriers  lease  their  aircraft  to  other 


 carriers,  both  domestic  and  foreign,  under  the  provisions  of  wet  lease  agreements  governed  by  the  FAA.  248  Some  wet  lease  agreements  specify  that  the  lessor  will  not  use  its  own  name  or  call  sign  in 
 communications  transmissions,  but  rather  the  name  and  call  sign  of  the  lessee,  because  the  aircraft  will  be  traveling  in  the  airspace  of  a  foreign  country  for  which  the  owner/  licensee  does  not  have  operating 
 authority.  Section  87.107  of  the  Commissions  Rules  sets  forth  the  station  identification  requirements  for  aircraft  stations,  and  it  specifies  that  the  station  identification  used  in  transmissions  be  either  the  call  sign 
 assigned  by  the  FCC  to  the  carrier  or  the  registered  number  of  the  aircraft.  249  Section  87.107  makes  no  exception  for  aircraft  operated  under  wet  lease  agreements.  Noting  that  wet  lease  agreements  represent  a 
 prevalent  industry  practice,  the  Commission  proposed  in  the  NPRM  to  allow  a  lessee  to  create  a  temporary  call  sign  using  the  lessees  carrier  call  sign  followed  by  the  suffix  WLA,  denoting  that  this 
 aircraft  is  owned  by  another  carrier.  250 
 69.  Discussion.  The  FAA  is  the  only  commenter  to  address  this  proposal,  and  it  opposes  authorizing  temporary  call  signs  for  aircraft  operated  under  wet  lease  agreements  because  the  use  of  such 


 temporary  call  signs  could  hinder  identification  of  the  operator.  251  Given  the  FAAs  opposition  and  the  absence  in  the  record  of  any  indication  that  the  inability  to  acquire  temporary  call  signs  for  aircraft 
 operated  under  wet  lease  arrangements  is  a  problem  for  any  industry  segment,  we  will  not  adopt  this  proposal. 


 N.  Additional  Issues 
 70.  In  the  NPRM,  the  Commission  also  invited  comment  on  the  following  issues:  (1)  how  to  better  inform  the  aviation  community  regarding  the  scope  of  authority  provided  by  an  FCC  station 


 license;  252  (2)  licensing  ultralight  aircraft;  253  (3)  a  proposal  to  add  a  designation  for  radiobeacons  in  the  525-  535  kHz  band;  254  and  (4)  a  proposal  to  authorize,  by  rule,  ground  testing  of  Traffic  Alert  and 
 Collision  Avoidance  Systems  (TCAS)  on  1090  MHz.  255  We  discuss  each  of  these  issues,  as  well  as  nonsubstantive  editorial  changes  recommended  by  commenters,  in  turn  below. 


 1.  Informing  the  Aviation  Community  About  the  Legal  Limits  of  an  Aircraft  License 
 71.  The  Commission  sought  comment,  especially  from  small  entities,  on  how  to  better  inform  the  aviation  community  of  the  specific  authority  conveyed  by  an  FCC-  issued  aircraft  license,  because  there 
 has  appeared  to  be  some  confusion  on  this  subject  within  certain  segments  of  that  community.  256  The 
 247  See  14  C.  F.  R.    119.3. 
 248  See  14  C.  F.  R.    119.53. 
 249  47  C.  F.  R.    87.107. 
 250  NPRM,  16  FCC  Rcd  at  19026    51. 
 251  FAA  Reply  Comments  at  1. 
 252  NPRM,  16  FCC  Rcd  at  19026    54. 
 253  Id.  at  19026    55. 
 254  Id.  at  19026-  27    56. 
 255  Id.  at  19027    57. 
 256  Id.  at  19026    54. 
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 only  responsive  comment  was  from  the  FAA,  which  suggested  that  the  Commission  require  placement  of  a  permanent  placard  on  the  unit  clearly  visible  to  the  user  indicating  that  the  radio  can  only  be  used  in 
 accordance  with  the  provisions  of  Part  87  of  the  Commissions  Rules.  257  We  will  not  implement  the  FAAs  placard  suggestion  at  this  time  because  (1)  there  is  no  information  in  the  record  on  the  potential 
 costs  of  compliance  with  such  a  requirement,  and  (2)  we  believe  that  disseminating  information  on  our  web  site  and/  or  through  public  notices  will  be  adequate  to  address  this  matter.  We  encourage  the 
 Wireless  Telecommunications  Bureau  to  use  those  tools,  and  such  other  tools  as  may  be  available  to  it,  to  better  educate  the  aviation  community  on  this  subject. 


 2.  Aircraft  Stations  on  Ultralight  Aircraft 
 72.  Our  rules  currently  require  aircraft  stations  operating  on  ultralight  aircraft  to  identify  themselves  by  an  FCC-  assigned  control  number.  258  In  the  NPRM,  the  Commission  stated  that  [  l]  icensing 


 these  stations  in  this  manner  has  not  only  become  administratively  burdensome,  but  has  essentially  made  the  Commission  the  registrar  of  ultralight  aircraft  since  the  FAA  does  not  license  ultralight  aircraft.  259 
 The  Commission  therefore  sought  comment  on  whether  and  how  the  individual  licensing  of  aircraft  stations  operating  from  ultralight  aircraft  might  be  terminated  without  compromising  the  safety  of  life  and 
 property.  260  We  did  not  receive  any  comments  on  this  issue.  Since  there  is  nothing  in  the  record  to  indicate  that  eliminating  the  requirement  that  ultralight  aircraft  identify  themselves  by  an  FCC-  assigned 
 control  number  is  problematic,  and  because  we  believe  most  such  aircraft  can  acquire  N  numbers,  we  propose  in  the  FNPRM  to  eliminate  the  requirement.  261 


 3.  Allocation  for  Radiobeacons 
 73.  The  Commission  proposed  to  amend  Section  87.173  of  the  Rules  262  by  adding  a  designation  for  radiobeacons  in  the  525-  535  kHz  band.  The  proposal  was  made  because  this  allocation  is  reflected  in 


 the  Section  2.106  Table  of  Frequency  Allocations.  263  We  received  no  comments  on  this  proposal.  We  will  therefore  amend  Section  87.173  as  proposed.  The  Commission  also  proposed,  as  a  ministerial 
 matter,  to  amend  Section  87.173  to  correct  typographical  errors,  changing  406.25  MHz  to  406.025  MHz  and  changing  510.525  kHz  to  510-  525  kHz.  We  will  change  the  latter  reference  to  510-  535 
 kHz,  to  reflect  the  new  designation  of  the  525-  535  kHz  band  for  radiobeacon  use.  However,  we  replace  the  reference  to  406.025  MHz  with  406.0-  406.  1  MHz  to  be  consistent  with,  and  for  the  same  reasons 
 as,  our  decision  to  begin  using  406.0-  406.1  MHz  in  Part  80  as  the  term  for  the  emergency  position  indicating  radiobeacons  (EPIRBs)  formerly  called  406  MHz  EPIRBs.  264 


 257  FAA  Reply  Comments  at  1. 
 258  See  47  C.  F.  R.    87.  107(  a)(  2). 
 259  NPRM,  16  FCC  Rcd  at  19026    55. 
 260  Id. 
 261  See    91,  infra. 
 262  47  C.  F.  R.    87.173. 
 263  NPRM,  16  FCC  Rcd  at  19027    56. 
 264  See  Amendment  of  Parts  13  and  80  of  the  Commissions  Rules  Concerning  Maritime  Communications,  Report 
 and  Order  and  Further  Notice  of  Proposed  Rule  Making,  WT  Docket  No.  00-  48,  17  FCC  Rcd  6741,  6774    85  (2002);  see  also  Amendment  of  Part  95  of  the  Commissions  Rules  to  Authorize  the  Use  of  406.025  MHz  for 


 Personal  Locator  Beacons  (PLB),  Report  and  Order,  WT  Docket  No.  99-  366,  17  FCC  Rcd  19871  (2002)  (authorizing  PLBs  on  406.  0-  406.  1  MHz). 
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 4.  Ground  Testing  of  TCAS  on  1090  MHz 
 74.  The  Commission  has  granted  waivers  to  allow  ground  testing  of  TCAS  on  1090  MHz.  265  In  the  NPRM,  the  Commission  proposed  to  codify  this  use,  viewing  this  waiver  process  as  inefficient  and 


 resource-  intensive.  266  We  adopt  this  proposal  for  the  reason  stated  in  the  NPRM,  and,  accordingly,  amend  Section  87.475(  c)(  2)  of  our  Rules.  267 


 5.  Editorial  Revisions 
 75.  We  are  adopting,  without  further  comment,  some  FAA  proposals  that  are  of  a  nonsubstantive  editorial  nature.  For  example,  we  adopt  the  FAAs  proposals  to  update  the  names  of  the  relevant  FAA 


 offices  to  which  various  submissions  must  be  made,  as  set  forth  in  47  C.  F.  R.    87.111,  87.147(  d)-(  e),  and  87.529,  and  to  correct  a  typographical  error  in  47  C.  F.  R.    87.139(  h)(  2).  268  We  will  also  adopt  the 
 FAAs  proposals  to  add  certain  definitions  to  47  C.  F.  R.    87.5  for  terms  that  currently  appear  in  Part  87;  however  we  reject  as  unnecessary  FAA  proposals  to  add  definitions  of  terms  that  do  not  currently  appear 
 in  Part  87.  269  We  note  that  the  FAAs  Comments  included  a  red-  lined  version  of  the  Proposed  Rules  Appendix  of  the  NPRM  (i.  e.,  providing  proposed  insertions  and  deletions  to  NPRM  proposed  rule 
 language),  but  which  lack,  in  part,  accompanying  explanations.  We  decline  to  take  action  on  any  substantive  FAA  proposal  lacking  in  any  explanation  in  this  proceeding  to  support  it.  For  reasons 
 explained  below,  we  are  proposing  in  the  FNPRM  to  adopt  the  FAAs  proposals  to  revise  the  Part  87  rules  listing  frequencies  in  the  HF  band,  to  better  reflect  the  ITU  Radio  Regulations,  and  to  make  frequencies  in 
 the  118-  121.4  MHz,  121.6-  121.925  MHz,  123.6-  128  MHz,  and  132.025-  135.975  MHz  bands  available  for  ground  control  communications.  270 


 IV.  FURTHER  NOTICE  OF  PROPOSED  RULE  MAKING 
 76.  In  the  NPRM,  the  Commission  asked  interested  parties  to  consider  whether  other  sections  of  Part  87  should  be  revised  to  ensure  that  the  Rules  stay  abreast  of  technological  advances,  conform  to  the 


 rules  governing  other  radio  services,  and  are  responsive  to  industry  needs  .  271  Commenters  were  also  asked  to  identify  Part  87  Rules  that  should  be  eliminated  because  they  are  duplicative,  outmoded,  or 
 otherwise  unnecessary.  272  In  response,  we  received  several  recommendations  for  amending  Part  87  that  we  believe  merit  further  discussion.  In  this  FNPRM,  we  seek  additional  comment  on  proposals  made  by 
 various  commenters  in  this  proceeding  so  that  we  may  augment  the  record  on  these  issues.  We  also  make  additional  proposals,  on  our  own  motion,  for  which  we  seek  comment.  With  respect  to  all  of  these 
 proposals,  we  ask  commenters  to  provide  us  with  detailed  suggestions  regarding  any  appropriate  regulatory  language  and  the  specific  rules  that  should  be  amended  in  order  to  implement  the  proposal.  273 


 265  TCAS  is  an  airborne  warning  system  designed  to  avert  mid-  air  collisions.  See,  e.  g.,  Rockwell  Collins,  Inc., 
 Order,  14  FCC  Rcd  3340  (WTB  PSPWD  1999).  266 
 NPRM,  16  FCC  Rcd  at  19027    57.  The  FAA,  the  only  commenter  to  address  this  issue,  agrees.  FAA  Comments  at  2. 


 267  47  C.  F.  R.    87.475(  c)(  2). 
 268  See  FAA  Comments  at  6,  10,  13,  22. 
 269  See  id.  at  7. 
 270  See    86-  87,  infra. 
 271  NPRM,  16  FCC  at  19027    58  (footnote  omitted). 
 272  Id. 
 273  We  note  that  many  parties  already  provided  such  detailed  recommendations  for  amending  Part  87  in  their  earlier 
 comments.  Other  interested  parties  may  wish  to  review  these  recommendations. 
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 In  addition,  we  ask  commenters  to  address  with  particularity  the  impact,  if  any,  these  proposals  may  have  on  public  safety  and  homeland  defense. 
 A.  Universal  Access  Transceiver  Technology 
 77.  UPS  and  the  FAA  both  request  that  we  add  new  rules  to  Parts  2  and  87  274  to  accommodate  the  use  of  the  978  MHz  frequency  by  the  Universal  Access  Transceiver  (UAT),  a  datalink  technology  that  has 


 been  developed  to  provide  Automatic  Dependent  Surveillance    Broadcast  Service  (and  other  services)  to  the  aviation  community.  275  They  point  out  that  UAT  technology  has  been  field-  tested  in  the  FAA  Alaska 
 Region  over  the  last  two  years,  using  approximately  150  airborne  and  ground  stations,  and  at  several  sites  within  the  continental  United  States,  including  the  FAA  Technical  Center  near  Atlantic  City,  New  Jersey, 
 NASAs  Runway  Incursion  Prevention  System  test  bed  at  Langley,  Virginia,  and  the  Dallas-  Ft.  Worth  Airport.  276  We  also  note  that  the  RTCAs  Working  Group  5  of  Special  Committee  186  has  approved 
 standards  for  the  UAT  datalink.  277  Based  on  the  above,  we  propose  to  amend  the  Part  87  rules  to  accommodate  UAT  use  of  the  978  MHz  frequency,  as  shown  in  Appendix  B,  infra.  Commenters  are 
 asked  to  address  the  preclusive  effect,  if  any,  that  this  rule  change  might  have  on  other  services,  including  the  possibility  of  harmful  interference  to  other  services.  Commenters  should  also  consider  whether  there 
 is  a  need  to  make  any  corresponding  changes  to  the  Section  2.106  Table  of  Frequency  Allocations. 
 B.  AMS(  R)  S  Issues 
 78.  Emissions.  Part  87  of  our  Rules  sets  forth  the  specific  emission  types  that  are  authorized  in  the  Aviation  Radio  Service.  Rockwell  Collins,  joined  by  Inmarsat,  favors  relaxing  the  Part  87  Rules  to 


 authorize  the  use  of  any  emission  type  of  the  licensees  choosing,  subject  to  certain  safeguards.  278  Rockwell  Collins  believes  that  the  Commission  should  go  even  further.  Rockwell  Collins  says  the 
 Commission  should  consider  eliminating  all  requirements,  other  than  reporting  requirements,  that  are  specific  to  data  rates  and  modulation  types.  279  Rockwell  Collins  also  urges  that  the  Commission  establish 
 bandwidth  limitations  that  would  accommodate  high  data  rate  services  such  as  Swift64,  Inmarsats  new  64  kbps  service.  280  Rockwell  Collins  states  that  such  a  rule  change  will  permit  a  new  and  innovative 
 aeronautical  waveform  that  will  provide  passengers  and  crew  with  voice  and  data  services,  including  the 


 274  47  C.  F.  R.  Parts  2,  87. 
 275  UPS  Comments  at  1;  FAA  Comments  at  3.  Automatic  Dependent  Surveillance    Broadcast  (ADS-  B)  Service 
 automatically  broadcasts  GPS-  derived  information  on  the  location,  velocity,  altitude,  heading,  etc.  of  an  ADS-  B  equipped  aircraft  to  other  ADS-  B  equipped  aircraft  and  to  ADS-  B  ground  stations  for  distribution  to  air  traffic 


 control  systems.  276 
 UPS  Comments  at  1;  FAA  Comments  at  3.  277 
 See  Minimum  Aviation  System  Performance  Standards  for  Automatic  Dependent  Surveillance  Broadcast  (ADS-B),  RTCA/  DO-  242A  (RTCA,  Inc.  2002). 


 278  Rockwell  Collins  Comments  at  7;  Inmarsat  Reply  Comments  at  1. 
 279  Rockwell  Collins  Comments  at  10. 
 280  Id.  On  November  19,  2002,  Rockwell  Collins  submitted  a  request  for  a  waiver  of  several  Part  87  rules  to  allow 
 certification  of  its  aeronautical  satellite  communications  transceiver  type  HST-  900,  which  is  intended  to  support  Inmarsats  Swift64  service.  Letter,  dated  November  15,  2002,  from  Linda  C.  Sadler,  Director,  Federal  Affairs, 


 Rockwell  Collins,  to  Dwana  R.  Terry,  Chief,  Public  Safety  and  Private  Wireless  Division,  Federal  Communications  Commission;  see  also  Wireless  Telecommunications  Bureau  Seeks  Comment  on  Waiver  Request  by  Rockwell 
 Collins,  Inc.  to  Allow  Certification  of  Aeronautical  Satellite  Communications  Transceiver  to  Support  Inmarsats  Swift64  Service,  Public  Notice,  18  FCC  Rcd  3641  (WTB  PSPWD  2003).  The  Public  Safety  and  Private  Wireless 
 Division,  Wireless  Telecommunications  Bureau,  granted  the  waiver  request  effective  April  21,  2003. 
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 capability  for  significantly  higher  data  rates  than  those  currently  supported  by  the  Part  87  Rules.  281  We  seek  comment  on  this  proposed  liberalization  of  the  Part  87  technical  rules,  particularly  with  respect  to 
 the  impact  it  will  have  on  the  interference  environment  in  the  Aviation  Radio  Service.  We  also  ask  for  comment  on  whether  elimination  of  the  specified  requirements  is  appropriate  only  for  the  VHF  AMS(  R)  S 
 band,  or  whether  it  should  be  extended  to  additional  spectrum  in  the  VHF  aeronautical  band,  or  perhaps  to  the  whole  band.  We  note,  in  this  regard,  that  a  relaxation  of  the  technical  rules  may  be  suitable  for  certain 
 frequencies  for  which  the  FAA  or  ARINC  provides  central  coordination  and  oversight,  but  may  not  be  suitable  for  other  frequencies,  such  as  those  allotted  for  unicom  stations.  Commenters  should  also 
 address  the  impact  of  such  a  relaxation  of  the  technical  rules  on  radio  services  operating  in  adjacent  frequency  bands,  and  whether  additional  emissions  limitations  would  be  necessary  to  protect  such 
 adjacent-  band  services  from  interference. 
 79.  As  an  alternative  to  adopting  the  Rockwell  Collins  proposal,  we  seek  comment  on  Boeings  proposal  to  at  least  accommodate  code  division  multiple  access  (CDMA)  emissions  in  the  VHF  AMS(  R)  S 


 band.  282  Boeing  observes  that  the  introduction  of  CDMA  technologies  can  enhance  AMS(  R)  S  by  enabling  satellite  operators  to  provide  priority  and  preemptive  access  for  emergency  and  safety-  related 
 communications  without  suspending  the  communications  links  for  less  critical  communications.  283  We  request  comment  as  to  whether,  if  we  determine  to  continue  authorizing  emission  types  on  a  case-  by-  case 
 basis,  we  should  accommodate  CDMA  technology,  as  proposed  by  Boeing.  284  Finally,  commenters  are  also  invited  to  propose  additional  rule  changes  that  they  believe  may  still  be  needed  to  fully  accommodate 
 TDMA  emissions  in  the  wake  of  the  136-  137  MHz  Order.  285 
 80.  Use  of  Non-  Geostationary  Satellite  Networks.  Boeing,  stating  that  the  Commission  originally  crafted  its  AMS(  R)  S  rules  solely  for  satellite  networks  using  geostationary  orbit  platforms,  proposes  that 


 the  Commission  amend  the  Part  87  Rules  to  enable  use  of  non-  geostationary  satellite  orbit  (NGSO)  networks  for  the  provision  of  AMS(  R)  S.  286  It  notes  that  both  RTCA  and  ICAO  have  recently  begun 
 addressing  the  provision  of  aeronautical  mobile  satellite  services  (AMSS)  and  AMS(  R)  S  by  NGSO  networks.  Boeing  states  that  ICAOs  Aeronautical  Mobile  Communications  Panel  has  prepared 
 amendments  to  the  SARPs  for  this  purpose,  287  and  RTCA  Special  Committee  165  has  developed  MOPS 


 281  Rockwell  Collins  Reply  Comments  at  2-  3.  These  higher  data  rates,  Rockwell  Collins  explains,  could  be  achieved 
 by  using  a  low  rate  Binary  Phase  Shift  Keying  (BPSK)  signaling  channel  at  3000  bits/  sec  and  a  16-  QAM  (Quadrature  Amplitude  Modulation)  modulation  waveform  at  a  33.6  kHz  symbol  rate  over  the  1545-  1559  MHz 


 (receive)  and  1646.5-  1660.5  MHz  (transmit)  frequencies.  Id.  at  3.  282 
 Boeing  Comments  at  7-  8.  283 
 With  TDMA  or  Frequency  Division  Multiple  Access  (FDMA)  technology,  Boeing  explains,  implementing  a  system  of  priority  and  preemption  may  require  disruption  or  suspension  of  lower  priority  communications  because 


 these  technologies  divide  bandwidth  based  on  assigned  frequencies,  the  availability  of  which  is  inherently  limited.  In  contrast,  a  CDMA-  based  network  allocates  channel  capacity  based  on  available  signal  power  rather  than  available 
 frequencies.  Thus,  according  to  Boeing,  in  lieu  of  actually  preempting  lower  priority  signals,  a  CDMA-  based  network  can  permit  a  high  priority  communication  to  be  transmitted  at  greater  than  normal  power  levels,  thereby 
 providing  additional  margins  to  ensure  signal  reliability.  Id.  284 
 Id.  at  9.  Boeing  specifically  proposes  that  the  Commission  amend  47  C.  F.  R.    87.  137(  a)  to  include  an  emission  designator  for  CDMA-  based  communications  above  50  MHz  (e.  g.,  1M5G7W  for  a  1500  kHz  bandwidth),  and  to 


 amend    87.  141(  j)  to  indicate  that  transmitters  employing  CDMA  may  use  either  BPSK  or  QPSK  modulations  for  the  spreading  code. 
 285  See    32,  supra. 
 286  Boeing  Comments  at  3-  4. 
 287  Id.  However,  as  Boeing  also  observes,  ICAO  has  deferred  consideration  of  formal  adoption  of  these  amendments 
 until  a  new  satellite  system  proposal  is  presented  to  ICAO  for  formal  consideration.  Id.  at  4  n.  9. 
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 for  next  generation  satellite  systems.  288  Boeing  concludes,  [  r]  ecognizing  the  work  of  RTCA  and  ICAO,  the  Commission  should  update  its  rules  for  AMS(  R)  S  to  reflect  the  potential  use  of  NGSO  networks.  289 
 We  request  comment  on  this  proposal,  and  ask  supporters  of  the  proposal  to  provide  specific  amendatory  language  to  implement  this  proposal  in  the  Part  87  Rules.  Commenters  are  asked  to  consider  specifically 
 whether  it  would  be  premature  to  adopt  this  proposal  before  RTCA  and  ICAO  finalize  standards  for  the  provision  of  AMS(  R)  S  by  NGSO  networks. 


 81.  Broadening  the  AMS(  R)  S  Rules  Beyond  the  Inmarsat  System.  Boeing  states  that  the  Part  87  Rules  governing  AMSS  and  AMS(  R)  S  were  developed  primarily  for  aircraft  that  communicate  via  the 
 Inmarsat  satellite  system  and,  as  a  result,  they  contain  technical  restrictions  that,  while  appropriate  for  Inmarsat,  have  little  or  no  relevance  to  satellite  networks  using  different  or  more  advanced  technical 
 configurations.  290  Boeing  adds  that  many  of  the  technical  requirements  that  need  to  be  revised  are  addressed  elsewhere  in  its  comments,  but  identifies  a  number  of  other  rules  that  also  should  be  revised  to 
 adapt  them  to  non-  Inmarsat  satellite  networks.  291  As  an  alternative,  Boeing  suggests  that  the  Commission  could  simply  amend  many  of  these  rules  to  indicate  that  they  apply  only  to  AES  operating  with  the 
 Inmarsat  system.  292  ARINC/  ATA  agrees  with  Boeing  that  Part  87  should  be  amended  to  take  account  of  the  operating  parameters  of  non-  Inmarsat  satellite  systems.  293  We  invite  comment  on  this  proposal.  With 
 respect  to  Boeings  alternative  proposal  to  simply  specify  that  the  existing  technical  requirements  in  question  apply  only  to  AES  operating  with  the  Inmarsat  system,  commenters  should  consider  what  effect 
 such  action  would  have  for  non-  Inmarsat  satellite  systems. 
 82.  Technical  Requirements.  Although  we  have  deferred  for  the  time  being  the  question  of  whether  to  specifically  authorize  AMS(  R)  S  in  the  1610-  1626.5  MHz  and  5000-  5150  MHz  bands  under 


 Part  87,  294  we  request  comment  as  to  whether  additional  technical  requirements  for  AMS(  R)  S  are  warranted,  whether  we  ultimately  do  authorize  AMS(  R)  S  in  these  bands  or  not.  The  FAA  and  Boeing 


 288  Id.  at  4  (citing  Minimum  Operational  Performance  Standards  for  Avionics  Supporting  Next  Generation  Satellite 
 Systems  (NGSS),  RTCA  DO-  262  Change  1  (Nov,  28,  2001);  Minimum  Aviation  System  Performance  Standards  (MASPS)  as  Used  in  Aeronautical  Data  Links,  DO-  270  (Oct.  12,  2001);  and  Minimum  Operational  Performance 


 Standards  for  Avionics  Supporting  Next  Generation  Satellite  Systems  (NGSS),  RTCA  DO-  262  (Dec.  14,  2000).  289 
 Id.  290 
 Boeing  Comments  at  9.  We  do  not  necessarily  agree  with  Boeings  comments  insofar  as  they  suggest  that  the  technical  requirements  for  AES  were  developed  primarily  to  accommodate  the  Inmarsat  satellite  system.  However, 


 it  is  true  that  these  rules  were  established  when  there  was  a  single  satellite  licensee  in  the  L-  band,  the  American  Mobile  Satellite  Corporation  (AMSC),  and  that  the  rules  therefore  may  reflect  certain  assumptions  regarding  system 
 operating  parameters  that  do  not  apply  to  other  satellite  systems.  See  AES  Order,  7  FCC  Rcd  at  5896    9.  AMSC,  a  consortium  created  at  the  Commissions  directive,  was  granted  an  MSS  license  in  1989  and  authorized  to  provide 
 AMS(  R)  S  as  well  as  MSS  under  that  license.  At  that  time,  the  Commission  mandated  that  AMSC  incorporate  into  its  overall  system  design  minimum  requirements  for  interoperability  with  international  and  other  countries  satellite 
 systems,  and  also  required  AMSC  to  establish  appropriate  arrangements  for  handing  off  aeronautical  traffic  between  its  system  and  others,  such  as  Canadas  and  INMARSATs.  See  Amendment  of  Parts  2,  22  and  25  of  the 
 Commissions  Rules  to  Allocate  Spectrum  for,  and  to  Establish  Other  Rules  and  Policies  Pertaining  to  the  Use  of  Radio  Frequencies  in  a  Land  Mobile  Satellite  Service  for  the  Provision  of  Various  Common  Carrier;  Applications  of 
 Global  Land  Mobile  Satellite,  Inc.,  et  al.,  Memorandum  Opinion,  Order  and  Authorization,  Gen.  Docket  No.  84-  1234,  4  FCC  Rcd  6041,  6055    94  (1989). 
 291  Boeing  Comments  at  9-  10.  Boeing  identifies  the  following  rules  as  among  those  that  should  be  revised  for  this 
 purpose:  47  C.  F.  R.    87.  131  (maximum  power  and  emissions);  87.  133(  a)(  7)  (frequency  tolerance);  87.  137  (bandwidth);  87.  141(  j)  (transmission  rates);  and  87.  145(  d)  (Doppler  effect  compensation). 


 292  Id.  at  10. 
 293  ARINC/  ATA  Reply  Comments  at  7. 
 294  See    15-  16,  supra. 
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 suggest  that  we  should  at  least  augment  the  technical  requirements  for  AMS(  R)  S  in  the  5000-  5150  MHz  band  in  order  to  protect  microwave  landing  systems  (MLS).  295  Globalstar,  however,  contends  that  the 
 Commission  should  not  impose  any  new  technical  requirements  for  AES  used  in  the  provision  of  AMS(  R)  S  in  these  bands,  but  should  instead  allow  licensees  to  operate  pursuant  to  the  existing  Part  25 
 requirements  for  satellite  systems  in  these  bands.  296  We  request  comment  on  whether  we  need  to  adopt  additional  technical  requirements  for  AMS(  R)  S  operations  either  to  protect  MLS  or  for  any  other  reason. 
 Commenters  are  requested  to  suggest  any  appropriate  rule  amendments  and  to  indicate  whether,  in  their  view,  new  technical  requirements  are  warranted  for  all  AMS(  R)  S  operations,  need  only  apply  to 
 AMS(  R)  S  operations  in  certain  frequency  bands,  or  why  no  amendments  are  appropriate. 
 83.  Use  of  the  2  GHz  Band.  Boeing  requests  that  the  Commission  codify  its  policy  of  permitting  AMS(  R)  S  in  any  MSS  band.  297  Boeing  requests  that  we  amend  the  Part  87  Rules  to  specify  that  the  2 


 GHz  band,  in  addition  to  the  1610-  1626.  5  MHz  and  5000-  5150  MHz  bands,  is  available  for  AMS(  R)  S,  and  to  establish  emission  limitations  and  other  requirements  for  such  AMS(  R)  S  operations.  298  In  contrast, 
 Globalstar  states  that,  unlike  the  situation  with  respect  to  the  1610-  1626.5  MHz  and  5000-  5150  MHz  bands,  there  currently  is  no  allocation  either  in  the  United  States  or  internationally  for  Aeronautical 
 Radionavigation  Service  in  the  2  GHz  band.  299  We  note,  as  a  preliminary  matter,  that  the  Commission  has  indeed  determined  that  AMS(  R)  S  is  a  type  of  Aeronautical  Mobile-  Satellite  Service  (AMSS),  and  that 
 AMSS  is  a  type  of  MSS.  300  However,  the  Commission  did  not  propose  in  the  NPRM  to  include  the  2  GHz  band  as  part  of  the  additional  spectrum  to  be  authorized  for  AMS(  R)  S  operations  under  Part  87.  We 
 hereby  invite  further  comment  on  whether  we  should  amend  Part  87  to  provide  technical  rules  to  govern  AMS(  R)  S  in  the  2  GHz  band. 


 C.  Former  Civil  Air  Patrol  Frequencies 
 84.  In  the  Report  and  Order,  we  removed  all  Part  87  references  to  the  CAP  as  obsolete.  301  This  included  removing  references  to  the  CAP  from  the  Remarks  column  in  the  Section  87.173(  b)  frequency 


 table  and,  as  an  interim  measure,  indicating  that  the  frequencies  in  question  are  reserved.  We  now  request 
 295  FAA  Comments  at  3  (stating  that,  in  the  5000-  5150  MHz  band,  any  AMS(  R)  S  technical  characteristics, 
 including  spurious  emission,  must  be  designed  to  give  full  protection  to  MLS  in  the  band  5030-  5150  MHz);  Boeing  Comments  at  5  (stating  that,  in  authorizing  AMS(  R)  S  in  the  5000-  5150  MHz  band,  the  Commission  should  stress 


 the  need  to  protect  MLS).  296 
 Globalstar  Reply  Comments  at  7.  297 
 Boeing  Comments  at  5  (citing  2  GHz  Band  Order,  15  FCC  Rcd  at  16155    64;  The  Boeing  Company,  Concerning  Use  of  the  1990-  2025/  2165-  2200  MHz  and  Associated  Frequency  Bands  for  a  Mobile-  Satellite  System, 


 Order  and  Authorization,  16  FCC  Rcd  13691,  13704    36  (IB  2001));  Boeing  Reply  Comments  at  1-  2.  298 
 Id.  Boeing  states  that  there  is  no  need  to  mandate  priority  and  real-  time  preemptive  access  for  AMS(  R)  S  in  the  2  GHz  band.  Boeing  and  Globalstar  refer  to  the  1990-  2025  MHz  band  as  the  relevant  2  GHz  spectrum  in  this  context 


 because  the  1990-  2025  MHz  band  was  allocated  in  its  entirety  to  MSS  when  they  filed  their  comments.  Since  the  close  of  the  pleading  cycle  in  this  proceeding,  however,  the  Commission  has  reallocated  the  1990-  2000  MHz  and 
 2020-  2025  MHz  band  segments  for  new  fixed  and  mobile  services,  including  Advanced  Wireless  Services.  See  Amendment  of  Part  2  of  the  Commission's  Rules  to  Allocate  Spectrum  Below  3  GHz  for  Mobile  and  Fixed  Services 
 to  Support  the  Introduction  of  New  Advanced  Wireless  Services,  Including  Third  Generation  Wireless  Systems,  Third  Report  and  Order,  Third  Notice  of  Proposed  Rulemaking  and  Second  Memorandum  Opinion  and  Order,  ET 
 Docket  No.  00-  258,  18  FCC  Rcd  2223,  2238    28  (2003).  Accordingly,  only  the  2000-  2020  MHz  band  is  now  allocated  to  MSS.  To  avoid  confusion,  we  refer  to  the  2  GHz  band  throughout  the  discussion  in  the  text,  and  here 
 clarify  that  we  are  contemplating  the  possible  allocation  of  only  the  2000-  2020  MHz  band  for  AMS(  R)  S.  299 
 Globalstar  Reply  Comments  at  6  n.  7.  300 
 See  2  GHz  Band  Order,  15  FCC  Rcd  at  16155    64,  and  cases  cited  therein.  301 
 See    47,  supra. 
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 commenters  to  propose  the  services,  if  any,  to  which  these  frequencies  should  be  reallotted,  keeping  in  mind  that  these  are  shared  Government/  non-  Government  frequencies.  302  Commenters  are  also  asked  to 
 consider  whether  any  or  all  of  these  frequencies  should  simply  be  removed  from  Section  87.173(  b)  so  that  they  are  no  longer  available  for  licensing  under  Part  87.  303 


 D.  Removal  of  the  Radionavigation  Allocation  in  the  Ku-  Band 
 85.  Boeing  proposes  that  the  Commission  remove  the  reference  to  the  14000-  14400  MHz  band  in  Section  87.187(  x)  of  the  Rules  304  and  also  remove  from  the  Table  of  Frequency  Allocations  305  the 


 allocation  for  radionavigation  in  the  14000-  14200  MHz  band.  306  According  to  Boeing,  there  is  no  existing  or  planned  use  of  the  band  for  radionavigation  in  ITU  Region  2,  307  either  by  Government  or  non-Government 
 users.  308  In  addition,  Boeing  claims  that  it  has  confirmed  the  absence  of  radionavigation  operations  in  the  band  from  ITU,  FAA,  ICAO,  International  Maritime  Organization,  U.  S.  Coast  Guard 
 and  Canadian  Coast  Guard  officials,  and  that  FAA  spectrum  management  personnel  have  verified  that  there  are  no  plans  to  use  any  frequencies  in  the  14000-  14400  MHz  band  for  aviation  services  in  the 
 future.  309  We  tentatively  agree  with  Boeing,  and  accordingly  propose  to  remove  these  Ku-  Band  allocations  for  radionavigation  from  the  Table  of  Frequency  Allocations  and  the  Part  87  Rules.  310 


 E.  HF  Frequency  Bands 
 86.  The  FAA  proposes  that  we  amend  the  frequency  table  in  Section  87.173(  b)  of  our  Rules  by  replacing  the  existing  frequency  listings  that  fall  within  the  HF  AM(  R)  S  frequency  bands  with  entries  for 


 the  band  segments  2850-  3025  kHz,  3400-  3500  kHz,  4650-  4700  kHz,  5450-  5680  kHz,  6525-  6685  kHz,  8815-  8965  kHz,  10005-  10100  kHz,  11275-  11400  kHz,  13260-  13360  kHz,  17900-  17970  kHz,  and  21924- 
 22000  kHz.  311  The  FAA  also  proposes  that  we  delete  the  table  of  international  HF  frequencies  in  Section 
 302  The  frequencies  in  question  are  2371  kHz,  2374  kHz,  4466  kHz,  4469  kHz,  4506  kHz,  4509  kHz,  4582  kHz, 
 4585  kHz,  4601  kHz,  4604  kHz,  4627  kHz,  4630  kHz,  26618.  5  kHz,  26620  kHz,  26621.  5  kHz,  143.  75  MHz,  143.  9  MHz,  and  148.15  MHz. 


 303  At  this  time,  we  do  not  anticipate  keeping  the  frequencies  26618.5  kHz,  26620  kHz,  26621.  5  kHz,  143.75  MHz, 
 or  143.9  MHz  in  the  Section  87.173  table  because  they  allocated  exclusively  for  Government  use.  In  addition,  the  frequency  148.  15  MHz  is  allocated  for  Little  LEO  uplinks,  so  we  also  anticipate  removing  that  frequency. 


 304  47  C.  F.  R.    87.  187(  x)  (listing  frequencies  available  for  airborne  radionavigation  devices). 
 305  47  C.  F.  R.    2.106. 
 306  Boeing  Comments  at  14-  15. 
 307  The  ITU  Radio  Regulations  categorize  the  world  into  three  regions.  Region  1,  covering  Africa,  Europe,  and 
 Northern  and  Western  portions  of  Asia;  Region  2,  covering  the  Americas  and  Greenland;  and  Region  3,  covering  Southern  portions  of  Asia,  Australia  and  the  South  Pacific.  See  ITU  Radio  Regulations  Article  S5,  Section  I. 


 308  Boeing  observes  that  the  Commissions  International  Bureau  and  the  Office  of  Engineering  and  Technology  have 
 stated  that  they  are  unaware  of  any  such  use.  Boeing  Comments  at  14  (citing  The  Boeing  Company,  Application  for  Blanket  Authority  to  Operate  Up  to  Eight  Hundred  Technically  Identical  Transmit  and  Receive  Mobile  Earth 


 Stations  Aboard  Aircraft  in  the  14.  0-  14.5  GHz  and  11.  7-  12.  2  GHz  Frequency  Bands,  Order  and  Authorization,  16  FCC  Rcd  22645  (IB/  OET  2001)). 
 309  Id.  at  14-  15. 
 310  The  designation  of  the  14000-  14200  MHz  band  for  radionavigation  also  appears  in  Part  80  of  the  Rules,  and  we 
 propose  to  amend  the  Part  80  Rules,  as  well  as  the  Part  87  Rules  and  Section  2.106,  to  remove  the  designation.  We  also  propose,  as  a  nonsubstantive  measure,  to  remove  no-  longer-  accurate  designations  of  certain  other  frequency 


 bands  for  radionavigation  because  the  bands  are  no  longer  allocated  for  radionavigation,  and  the  Section  2.106  Table  of  Frequencies  already  reflects  that  fact. 
 311  FAA  Comments  at  15-  16. 
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 87.263(  d)  312  and  replace  it  with  a  note  indicating  that  the  subject  frequencies  are  to  be  used  in  accordance  with  Appendix  27  of  the  ITU  Radio  Regulations.  313  We  tentatively  conclude  that  adopting  these 
 proposals  would  further  the  Commissions  goals  of  harmonizing  the  Part  87  Rules  with  international  standards  and  is  otherwise  in  the  public  interest.  We  invite  comment  on  this  proposal. 


 F.  Increased  Operational  Flexibility 
 87.  In  the  Report  and  Order,  we  removed  the  restriction  limiting  the  use  of  the  121.6-  121.  95  MHz  frequencies  to  ground  control,  and  allowed  these  frequencies  to  be  used  for  general  purpose  air 


 traffic  control  communications.  314  The  restriction  was  removed  in  the  interest  of  enhancing  the  FAAs  flexibility  to  manage  its  spectrum  resources  in  response  to  changing  needs.  315  We  also  expanded  the 
 authorized  use  of  the  121.975-  122.675  MHz  flight  service  station  frequencies  to  permit  air  traffic  control  operations.  316  Toward  the  same  end,  the  FAA  requests  that  we  also  amend  Section  87.421  of  the  Rules  317 
 to  make  the  frequency  bands  listed  therein,  318  which  currently  are  available  only  to  control  towers  and  RCOs,  available  for  ground  control  communications.  319  We  agree  that  such  operational  flexibility  is 
 desirable  in  order  to  address  congestion  in  the  VHF  air  traffic  control  channels.  As  a  result,  we  now  propose  to  revise  the  Rules  to  permit  the  FAA  to  use  the  three  remaining  frequency  bands  listed  in 
 Section  87.421  of  the  Commissions  Rules    118-  121.4  MHz,  123.6-  128.  8  MHz,  and  132.025-  135.  975  MHz    for  air  traffic  control  communications,  including  ground  control  communications.  320  We  seek 
 comment  on  this  proposal. 
 G.  Emergency  Watch  ELT  321 
 88.  In  July  2000,  the  Chief  of  the  Public  Safety  and  Private  Wireless  Division,  Wireless  Telecommunications  Bureau,  granted  a  waiver  to  Breitling  U.  S.  A.,  Inc.  to  permit  certification  of  the 


 Breitling  Emergency  Watch,  a  back-  up  safety  device  designed  to  supplement  conventional  121.5  MHz  ELTs.  322  By  way  of  background,  the  Breitling  Emergency  Watch  is  intended  to  be  used  by  survivors  of 
 air  crashes  to  facilitate  identification  of  the  crash  site  location  by  search  and  rescue  personnel.  The  device 
 312  47  C.  F.  R.    87.263(  d). 
 313  FAA  Comments  at  16. 
 314  See    33,  supra. 
 315  Id. 
 316  Id. 
 317  47  C.  F.  R.    87.421. 
 318  118-  121.  4  MHz,  121.6-  121.  925  MHz,  123.  6-  128.  8  MHz,  and  132.  025-  135.975  MHz. 
 319  FAA  Reply  Comments  at  2.  Pursuant  to  47  C.  F.  R.    87.  421(  c),  the  121.  6-  121.925  MHz  frequencies  are  already 
 available  to  control  towers  and  RCOs  for  communications  with  ground  vehicles  and  aircraft  on  the  ground.  The  FAA  proposes  to  add  the  three  other  frequency  bands  to  this  paragraph. 


 320  Commenters  may  also  address  our  tentative  conclusion  that  any  updating  of  47  C.  F.  R.    87.  133(  a)  that  is  needed 
 to  remove  obsolete  table  entries  and  footnotes  may  be  accomplished  as  a  nonsubstantive  editorial  rule  amendment  that  does  not  have  to  be  the  subject  of  notice  and  comment  rulemaking  processes.  See  n.  100,  supra. 


 321  An  ELT  is  a  small  transmitter  carried  by  an  aircraft  that  is  activated  automatically  in  the  event  of  a  crash.  The 
 ELT  transmits  signals  to  alert  others  of  the  distress  situation  and  to  assist  search  and  rescue  units  in  homing-  in  on  the  aircraft  or  vessel.  See  Amendment  of  Parts  80  and  87  of  the  Commission's  Rules  to  Authorize  Additional  Types 


 of  Modulation  for  Emergency  Position  Indicating  Radiobeacons  and  Emergency  Locator  Transmitters  in  the  Maritime  and  Aviation  Services,  Report  and  Order,  PR  Docket  No.  87-  133,  3  FCC  Rcd  1027    3  (1988). 
 322  Letter,  dated  July  9,  2000,  from  Dwana  R.  Terry,  Chief,  Public  Safety  and  Private  Wireless  Division,  Federal 
 Communications  Commission,  to  Breitling  U.  S.  A.,  Inc.  (Breitling  Waiver  Letter). 
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 is  designed  to  be  worn  on  a  persons  wrist,  and  is  activated  by  breaking  a  cap  and  uncoiling  an  antenna  from  the  watch  case.  323  A  waiver  was  needed  to  certify  this  device  because  it  did  not  comply  with  many 
 of  the  Part  87  technical  requirements  applicable  to  aviation  ELTs,  including  the  requirements  pertaining  to  power  characteristics,  324  transmitter  control  requirements,  325  operating  temperature,  326  and  battery 
 labeling.  327  The  initial  waiver  was  granted  on  a  one-  year  trial  basis,  subject  to  four  conditions  requested  by  IRAC.  328  In  October  2001,  the  one-  year  limitation  was  eliminated.  329  This  action  was  supported  by 
 the  FAA,  the  Aircraft  Owners  and  Pilots  Association,  and  other  commenters,  based  on  the  public  safety  benefits  of  the  Breitling  Emergency  Watch  and  in  the  absence  of  significant  interference  problems 
 stemming  from  its  use  during  the  one-  year  trial  period.  330 
 89.  We  now  request  comment  on  whether  we  should  amend  the  Part  87  Rules  to  permit  certification  of  the  Breitling  Emergency  Watch  and  similar  devices  without  need  of  a  waiver  of  the 


 regulations  governing  ELT  technical  characteristics.  If  commenters  conclude  that  we  should  amend  the  Part  87  Rules,  they  should  also  indicate  what  particular  amendments  would  be  appropriate.  We 
 tentatively  conclude  that  permitting  such  devices  will  promote  public  safety  by  providing  an  accurate  and  rapid  means  by  which  search  and  rescue  personnel  can  locate  the  victims  of  an  air  crash  or  other  aviation 
 distress  incident.  We  ask  commenters  whether  the  only  rules  that  need  to  be  amended  are  those  waived  in  the  context  of  the  Breitling  Waiver  Order,  or  whether  there  are  additional  rules  that  should  also  be 
 amended.  331  Moreover,  we  seek  comment  on  whether  we  should  incorporate  into  the  Rules  the  conditions  that  apply  to  the  current  waiver,  namely,  the  requirement  that  the  device  be  operated  only  in  aviation 
 emergency  situations,  and  the  requirement  for  the  manufacturer  to  keep  records  of  all  purchases,  to  provide  the  records  on  a  regular  basis  to  the  FAA,  and  otherwise  to  the  Federal  Government  upon  request. 
 Finally,  we  seek  comment  on  the  possibility  of  requiring  that  all  such  devices  be  designed  for  single  use  and  manual  activation,  like  the  Breitling  Emergency  Watch. 


 H.  Station  Identification  of  Aircraft  Operated  by  Maintenance  Personnel 
 90.  In  July  2002,  the  Chief,  Public  Safety  and  Private  Wireless  Division,  Wireless 


 323  Letter,  dated  April  30,  2001,  from  Aaron  M.  Panner,  counsel  for  Breitling,  to  Dwana  R.  Terry,  Chief,  Public 
 Safety  and  Private  Wireless  Division,  Federal  Communications  Commission.  324 


 See  47  C.  F.  R.    87.  141(  i).  325 
 See  47  C.  F.  R.    87.  143(  d)(  4).  326 
 See  47  C.  F.  R.    87.  147(  a).  327 
 See  47  C.  F.  R.    87.  147(  b).  328 
 The  four  conditions  were:  (1)  the  Breitling  Emergency  Watch  could  be  sold  only  to  licensed  pilots;  (2)  the  device  could  be  operated  only  in  aviation  emergency  situations;  (3)  the  device  could  be  sold  and  operated  on  a  one-year 


 trial  basis  subject  to  immediate  termination  at  the  request  of  the  FAA  if  the  device  caused  interference  to  other  aviation  communications;  and  (4)  Breitling  would  have  to  provide  records  of  all  purchases,  including  pilot  license 
 number,  to  the  FAA  every  month  during  the  one-  year  test  period,  and  otherwise  make  the  records  available  to  the  Federal  Government  on  request.  Breitling  Waiver  Letter  at  3-  4. 
 329  Breitling  U.  S.  A.,  Inc.,  Order,  16  FCC  Rcd  18560  (WTB  PSPWD  2001)  (Breitling  Waiver  Order). 
 330  Id.  at  18561    6.  At  Breitlings  request,  and  again  with  the  concurrence  of  the  commenters,  the  condition  that  the 
 device  be  sold  only  to  licensed  pilots  was  removed.  Id.  at  18562    7.  331 
 In  addition  to  four  rules  cited  in  footnotes  324  through  327,  supra,  the  Breitling  Waiver  Order  waived  Section  87.  193  of  the  Rules,  47  C.  F.  R.    87.  193,  which  requires  ELTs  to  be  operated  as  part  of  an  aircraft  station  or  survival 


 craft  station.  Id.  at  18562    7. 
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 Telecommunications  Bureau,  responding  to  a  request  by  the  FAA,  332  granted  a  waiver  of  Section  87.107(  a)  of  the  Rules  333  to  permit  use  of  a  different  station  identification  format  by  aircraft  that  are 
 operated  by  maintenance  personnel  moving  the  aircraft  from  one  airport  location  to  another.  334  Specifically,  the  waiver  permits  aircraft  being  taxied  from  one  airport  location  to  another  by  maintenance 
 personnel,  to  use  a  station  identification  which  consists  of  the  name  of  the  company  owning  or  operating  the  aircraft,  followed  by  the  word  Maintenance  and  whatever  additional  alphanumeric  characters  the 
 licensee  deems  sufficient  to  avoid  duplicative  or  confusing  station  identifications.  335  This  waiver  was  granted  in  response  to  the  FAAs  assertion  that  problems  in  communications  between  air  traffic  ground 
 controllers  and  aircraft  maintenance  personnel  moving  aircraft  within  an  airport  had  resulted  in  runway  incursions  and  other  threats  to  airport  safety,  and  that  these  problems  could  be  reduced  by  grant  of  the 
 requested  waiver.  336  We  now  propose  to  codify  the  terms  of  this  waiver  in  Section  87.107(  a)  of  the  Commissions  Rules  by  establishing  a  new  station  identification  format  that  may  be  used  for  aircraft 
 operated  by  maintenance  personnel  within  an  airport.  That  is,  we  propose  to  amend  Section  87.107(  a)  to  authorize  aircraft  stations,  on  aircraft  being  moved  within  the  airport  by  maintenance  personnel,  to  use  a 
 station  identification  consisting  of  the  name  of  the  owner  or  operator  of  the  aircraft,  followed  by  the  word  Maintenance  and  whatever  additional  alphanumeric  characters  the  licensee  deems  sufficient  to  avoid 
 duplicative  or  confusing  station  identifications  We  request  comment  on  our  proposal. 
 I.  Aircraft  Stations  on  Ultralight  Aircraft 
 91.  As  noted  previously,  we  did  not  receive  any  comments  in  response  to  the  question  in  the  NPRM  as  to  whether  and  how  the  individual  licensing  of  aircraft  stations  operating  from  ultralight  aircraft 


 might  be  terminated  without  compromising  the  safety  of  life  and  property.  337  The  absence  of  comments  on  this  question  suggests  a  lack  of  interest  in  continued  licensing  of  aircraft  stations  on  ultralight  aircraft. 
 Given  our  understanding  that  other  station  identification  alternatives  are  available  for  aircraft  stations  on  ultralight  aircraft,  including  the  acquisition  of  N  numbers,  we  therefore  propose  to  eliminate  the 
 requirement  in  Section  87.107(  a)(  2)  of  the  Commissions  Rules  that  FCC  control  numbers  be  assigned  to  ultralight  aircraft  for  station  identification  purposes.  338  We  ask  commenters  to  address  our  tentative 
 conclusion  that  there  are  alternative  means  by  which  aircraft  stations  on  ultralight  aircraft  may  identify  themselves,  particularly  the  N  number-  based  format  described  in  current  Section  87.107(  a)(  3).  339 


 J.  Security  Control  of  Air  Traffic  and  Air  Navigation  Aids 
 92.  Section  87.395  of  the  Commissions  Rules  contains  provisions  pertaining  to  the  Plan  for  the  Security  Control  of  Air  Traffic  and  Air  Navigation  Aids  (SCATANA).  340  SCATANA  defines  the 


 responsibilities  of  the  Commission  for  the  security  control  of  non-  Federal  air  navigation  aids.  341  In 
 332  See  Letter,  transmitted  via  Feb.  26,  2002  facsimile,  from  Richard  K.  Peterson,  Manager,  Air  Traffic  Division, 
 Great  Lakes  Region,  Federal  Aviation  Administration,  to  Kim  Kleppinger,  Public  Safety  and  Private  Wireless  Division,  Wireless  Telecommunications  Bureau,  Federal  Communications  Commission. 


 333  47  C.  F.  R.    87.107(  a). 
 334  Federal  Aviation  Administration,  Order,  17  FCC  Rcd  13637  (WTB  PSPWD  2002). 
 335  Id.  at  13639    7. 
 336  Id.  at  13637    3. 
 337  See    72,  supra. 


 338  47  C.  F.  R.    87.  107(  a)(  2). 
 339  47  C.  F.  R.    87.  107(  a)(  3). 
 340  47  C.  F.  R.    87.  395. 
 341  47  C.  F.  R.    87.  395(  a). 
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 furtherance  of  the  national  security  purposes  underlying  SCATANA,  the  Commission  has  developed  the  FCC  Support  Plan  for  the  Security  Control  of  Non-  Federal  Air  Navigation  Aids  (Support  Plan),  which 
 sets  forth  procedures  and  instructions  to  be  followed  when  SCATANA  is  implemented,  permitting  the  use  of  such  navigation  aids  by  the  military  and  by  government  agencies.  Section  87.395  provides,  inter  alia, 
 that  all  licensees  are  subject  to  restrictions  imposed  by  appropriate  military  authorities  pursuant  to  SCATANA  and  the  FCC  Support  Plan  when  an  Air  Defense  Emergency  or  Defense  Emergency  exists  or 
 is  imminent.  342  In  view  of  post-  September  11  developments,  such  as  the  creation  of  the  Department  of  Homeland  Security  and  the  comprehensive  review  of  the  nations  national  security  preparedness,  we 
 believe  that  it  is  appropriate  to  invite  comment  on  whether  changes  to  SCATANA,  the  Support  Plan,  or  Section  87.395  may  be  warranted.  Proponents  of  such  changes  should  precisely  identify  the  changes  that 
 are  advocated  and  provide  an  analysis  of  how  the  proposed  changes  would  further  national  security. 
 V.  CONCLUSION 
 93.  In  the  Report  and  Order,  we  adopt  a  number  of  amendments  that  modernize  the  Part  87  Rules  in  a  manner  that  will  enhance  aviation  safety,  facilitate  the  deployment  of  new  technologies,  encourage 


 innovation  in  the  aviation  and  the  avionics  equipment  industries,  harmonize  our  Rules  with  international  standards,  and  maximize  spectral  efficiency  while  maintaining  important  safeguards  against  interference. 
 In  the  Further  Notice  of  Proposed  Rule  Making,  we  seek  comment  on  a  number  of  possible  additional  changes  to  Part  87  that  have  the  potential  to  further  these  same  objectives. 


 VI.  REGULATORY  MATTERS 
 A.  Ex  Parte  Rules  -  Permit-  But-  Disclose  Proceeding 
 94.  This  is  a  permit-  but-  disclose  notice  and  comment  rulemaking  proceeding.  Ex  parte  presentations  are  permitted,  except  during  the  Sunshine  Agenda  period,  provided  they  are  disclosed  as 


 provided  in  our  Rules.  343 
 B.  Final  Regulatory  Flexibility  Certification 
 95.  The  Regulatory  Flexibility  Act  of  1980,  as  amended  (RFA),  344  requires  that  a  regulatory  flexibility  analysis  be  prepared  for  notice-  and-  comment  rule  making  proceedings,  unless  the  agency 


 certifies  that  the  rule  will  not,  if  promulgated,  have  a  significant  economic  impact  on  a  substantial  number  of  small  entities.  345  The  RFA  generally  defines  the  term  small  entity  as  having  the  same 
 meaning  as  the  terms  small  business,  small  organization,  and  small  governmental  jurisdiction.  346  In  addition,  the  term  small  business  has  the  same  meaning  as  the  term  small  business  concern  under 
 the  Small  Business  Act.  347  A  small  business  concern  is  one  which:  (1)  is  independently  owned  and 


 342  47  C.  F.  R.    87.  395(  b)(  1). 
 343  See  generally  47  C.  F.  R.    1.1202,  1.  1203,  1.  1206(  a). 


 344  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).  345 
 5  U.  S.  C.    605(  b).  346 
 5  U.  S.  C.    601(  6).  347 
 5  U.  S.  C.    601(  3)  (incorporating  by  reference  the  definition  of  small-  business  concern  in  the  Small  Business  Act,  15  U.  S.  C.    632).  Pursuant  to  5  U.  S.  C.    601(  3),  the  statutory  definition  of  a  small  business  applies  unless  an 


 agency,  after  consultation  with  the  Office  of  Advocacy  of  the  Small  Business  Administration  and  after  opportunity  for  public  comment,  establishes  one  or  more  definitions  of  such  term  which  are  appropriate  to  the  activities  of  the 
 agency  and  publishes  such  definition(  s)  in  the  Federal  Register. 
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 operated;  (2)  is  not  dominant  in  its  field  of  operation;  and  (3)  satisfies  any  additional  criteria  established  by  the  Small  Business  Administration  (SBA).  348 
 96.  The  purpose  of  this  Report  and  Order  and  Further  Notice  of  Proposed  Rule  Making  is  to  streamline  and  update  our  Part  87  Rules  governing  the  Aviation  Radio  Service.  We  believe  the  rules 
 adopted  in  the  Report  and  Order  do  not  impose  any  additional  compliance  burden  on  small  entities. 
 97.  We  have  identified  those  small  entities  that  could  conceivably  be  affected  by  the  rule  changes  adopted  herein.  Small  businesses  in  the  aviation  and  marine  radio  services  use  a  marine  very  high 


 frequency  (VHF)  radio,  any  type  of  emergency  position  indicating  radio  beacon  (EPIRB)  and/  or  radar,  a  VHF  aircraft  radio,  and/  or  any  type  of  emergency  locator  transmitter  (ELT).  The  adopted  rules  may  also 
 affect  small  businesses  that  manufacture  radio  equipment.  However,  we  anticipate  that  these  rule  changes  will  not  impose  any  new  burdens  on  small  entities,  but  in  fact  will  reduce  regulatory  and  procedural 
 burdens  on  small  entities.  The  general  effect  of  the  rule  changes  adopted  herein  is  to  streamline  the  rules,  remove  duplicative  requirements,  provide  greater  operational  flexibility,  promote  spectrum  efficiency, 
 facilitate  equipment  certification,  and  make  our  rules  consistent  with  international  requirements,  all  of  which  are  measures  that  should  have  an  overall  beneficial  effect  on  the  regulated  entities.  349  We  certified 
 in  the  Notice  of  Proposed  Rule  Making  in  this  proceeding  that  the  rules  proposed  therein  would  not,  if  promulgated,  have  a  significant  economic  impact  upon  a  substantial  number  of  small  entities,  as  that  term 
 is  defined  by  the  RFA,  350  and  no  party  has  challenged  or  otherwise  commented  on  that  certification. 
 98.  We  therefore  certify  that  the  requirements  of  this  Report  and  Order  will  not  have  a  significant  economic  impact  upon  a  substantial  number  of  small  entities,  as  that  term  is  defined  by  the  RFA. 


 99.  The  Commission  will  send  a  copy  of  this  Report  and  Order,  including  a  copy  of  this  final  certification,  in  a  report  to  Congress  pursuant  to  the  Congressional  Review  Act.  351  In  addition,  the  Report 
 and  Order  and  this  final  certification  will  be  sent  to  the  Chief  Counsel  for  Advocacy  of  the  Small  Business  Administration,  and  will  be  published  in  the  Federal  Register.  352 


 C.  Comment  Dates 
 100.  Pursuant  to  Sections  1.415  and  1.  419  of  our  Rules,  47  C.  F.  R.    1.  415,  1.419,  interested  parties  may  file  comments  on  or  before  [90  days  after  Federal  Register  publication]  and  reply  comments 


 on  or  before  [120  days  after  Federal  Register  publication].  Comments  may  be  filed  using  the  Commission's  Electronic  Filing  System  (ECFS)  or  by  filing  paper  copies.  353 


 348  15  U.  S.  C.    632. 
 349  See,  e.  g.,    27  (clarifying  that  sign-  in  and  sign-  out  signatures  are  not  required  for  automatic  station  logs  and 
 otherwise  clarifying  the  log  requirements);    31  (allowing  certification  of  8.  33  kHz  channel  spacing  transmitters  without  a  waiver);    33  (providing  for  more  flexible  use  of  certain  air  traffic  control  frequencies);    35  (allowing 


 certification  of  equipment  that  can  operate  both  within  and  outside  of  the  civil  aviation  bands);    37  (eliminating  21-day  waiting  period  before  an  equipment  authorization  application  can  be  approved);    40  (extending  the  terms  of 
 non-  aircraft  station  licenses  from  five  to  ten  years);    41  (extending  the  construction  period  for  unicom  and  radionavigation  land  stations  from  eight  months  to  one  year);  and    43  (authorizing  use  of  an  additional  emission 
 type),  supra.  350 
 NPRM,  16  FCC  Rcd  at  19040-  41.  351 
 See  5  U.  S.  C.    801(  a)(  1)(  A).  352 
 See  5  U.  S.  C.    605(  b).  353 
 See  Electronic  Filing  of  Documents  in  Rulemaking  Proceedings,  Report  and  Order,  GC  Docket  No.  97-  113,  13  FCC  Rcd  11322  (1998). 
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 101.  Comments  filed  through  the  ECFS  can  be  sent  as  an  electronic  file  via  the  Internet  to  <http://  www.  fcc.  gov/  e-  file/  ecfs.  html>.  Generally,  only  one  copy  of  an  electronic  submission  must  be 
 filed.  If  multiple  docket  or  rulemaking  numbers  appear  in  the  caption  of  this  proceeding,  however,  commenters  must  transmit  one  electronic  copy  of  the  comments  to  each  docket  or  rulemaking  number 
 referenced  in  the  caption.  In  completing  the  transmittal  screen,  commenters  should  include  their  full  name,  Postal  Service  mailing  address,  and  the  applicable  docket  or  rulemaking  number.  Parties  may  also 
 submit  an  electronic  comment  by  Internet  e-  mail.  To  get  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.  Parties  who  choose  to  file  by  paper  must  file  an  original  and  four  copies  of  each  filing.  If  more  than  one 
 docket  or  rulemaking  number  appears  in  the  caption  of  this  proceeding,  commenters  must  submit  two  additional  copies  for  each  additional  docket  or  rulemaking  number.  All  filings  must  be  addressed  to  the 
 Commission's  Secretary,  Marlene  H.  Dortch,  Office  of  the  Secretary,  Federal  Communications  Commission,  445  12th  St.,  S.  W.,  Washington,  D.  C.  20554.  Filings  can  be  sent  first  class  by  the  U.  S. 
 Postal  Service,  by  an  overnight  courier  or  hand  and  message-  delivered.  Hand  and  messenger-  delivered  paper  filings  must  be  delivered  to  236  Massachusetts  Avenue,  N.  E.,  Suite  110,  Washington,  D.  C.  20002. 
 The  filing  hours  at  this  location  are  8:  00  a.  m.  to  7:  00  p.  m.  Filings  delivered  by  overnight  courier  (other  than  U.  S.  Postal  Service  Express  Mail  and  Priority  Mail)  must  be  sent  to  9300  East  Hampton  Drive, 
 Capitol  Heights,  MD  20743. 
 102.  Parties  who  choose  to  file  by  paper  should  also  submit  their  comments  on  diskette.  These  diskettes  should  be  submitted  to  Jeffrey  Tobias,  Esq.,  Public  Safety  and  Private  Wireless  Division, 


 Wireless  Telecommunications  Bureau,  445  12th  St.,  S.  W.,  Room  2-  C828,  Washington,  D.  C.  20554.  Such  a  submission  should  be  on  a  3.5-  inch  diskette  formatted  in  an  IBM-  compatible  format  using 
 Microsoft  Word  2002  or  compatible  software.  The  diskette  should  be  accompanied  by  a  cover  letter  and  should  be  submitted  in  read  only  mode.  The  diskette  should  be  clearly  labeled  with  the  commenter's 
 name,  proceeding  (including  the  lead  docket  number  in  this  case,  WT  Docket  No.  01-  289),  type  of  pleading  (comment  or  reply  comment),  date  of  submission,  and  the  name  of  the  electronic  file  on  the 
 diskette.  The  label  should  also  include  the  following  phrase  Disk  Copy  -  Not  an  Original.  Each  diskette  should  contain  only  one  party's  pleadings,  preferably  in  a  single  electronic  file.  In  addition, 
 commenters  should  send  diskette  copies  to  the  Commission's  copy  contractor,  Qualex  International,  Inc.,  445  12th  Street,  S.  W.,  Room  CY-  B402,  Washington,  D.  C.  20554. 


 D.  Paperwork  Reduction  Act 
 103.  This  Report  and  Order  and  Further  Notice  of  Proposed  Rule  Making  does  not  contain  any  new  or  modified  information  collection. 


 E.  Ordering  Clauses 
 104.  Accordingly,  IT  IS  ORDERED  that,  pursuant  to  the  authority  of  Sections  4(  i),  303(  r),  and  332(  a)(  2)  of  the  Communications  Act  of  1934,  as  amended,  47  U.  S.  C.    154(  i),  303(  r),  332(  a)(  2),  Parts 


 2,  87,  and  95  of  the  Commissions  Rules  ARE  AMENDED  as  set  forth  in  the  attached  Appendix  A,  effective  sixty  days  after  publication  in  the  Federal  Register. 


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


 106.  IT  IS  FURTHER  ORDERED  that  the  requests  of  the  Federal  Aviation  Administration  to  file  late-  filed  comments  and  late-  filed  reply  comments  ARE  GRANTED  and  the  late-  filed  comments  and 
 reply  comments  of  the  Federal  Aviation  Administration  are  HEREBY  ACCEPTED  into  the  record  in  this  proceeding. 
47
 Federal  Communications  Commission  FCC  03-  238 
 48 
 107.  IT  IS  FURTHER  ORDERED  that  the  Commission's  Consumer  Information  Bureau,  Reference  Information  Center,  SHALL  SEND  a  copy  of  this  Report  and  Order  and  Further  Notice  of 
 Proposed  Rule  Making,  including  the  Final  Regulatory  Flexibility  Certification  and  Initial  Regulatory  Flexibility  Analysis,  to  the  Chief  Counsel  for  Advocacy  of  the  Small  Business  Administration. 


 F.  Further  Information 
 108.  For  further  information,  contact  Jeffrey  Tobias,  jtobias@  fcc.  gov,  or  Ghassan  Khalek,  gkhalek@  fcc.  gov,  Policy  and  Rules  Branch,  Public  Safety  and  Private  Wireless  Division,  Wireless 


 Telecommunications  Bureau,  (202)  418-  0680,  or  TTY  (202)  418-  7233. 
 109.  Alternative  formats  (computer  diskette,  large  print,  audiocassette  and  Braille)  are  available  to  persons  with  disabilities  by  contacting  Brian  Millin  at  (202)  418-  7426,  TTY  (202)  418-  7365, 


 or  at  bmillin@  fcc.  gov.  This  Report  and  Order  and  Further  Notice  of  Proposed  Rule  Making  can  also  be  downloaded  at:  http://  www.  fcc.  gov/  dtf/. 


 FEDERAL  COMMUNICATIONS  COMMISSION 


 Marlene  H.  Dortch  Secretary 
48
 Federal  Communications  Commission  FCC  03-  238 
 A-  1 
 APPENDIX  A:  FINAL  RULES 
 Parts  2,  87  and  95  of  title  47  of  the  Code  of  Federal  Regulations  are  amended  as  follows: 
 PART  2  --  FREQUENCY  ALLOCATIONS  AND  RADIO  TREATY  MATTERS;  GENERAL  RULES  AND  REGULATIONS 


 1.  The  authority  citation  for  part  2  continues  to  read  as  follows: 
 AUTHORITY:  47  U.  S.  C.  154,  302a,  303,  and  336,  unless  otherwise  noted. 
 2.  Section  2.  106,  the  Table  of  Frequency  Allocations,  is  amended  as  follows: 
 a.  Revise  pages  26  and  44. 
 b.  In  the  list  of  International  Footnotes  under  heading  I.,  add  footnotes  5.197A  and  5.  328B. 
 c.  In  the  list  of  United  States  (US)  Footnotes,  revise  footnote  US31  and  add  footnote  US343. 
   2.106  Table  of  Frequency  Allocations. 
 The  revisions  and  additions  read  as  follows: 
 *  *  *  *  * 
49
 Federal 
 Communications 


 Commission 


 FCC 
 03- 
 238 


 A-  2 


 75.4-  76  FIXED  MOBILE 
 75.4-  87  FIXED  MOBILE 


 75.4-  76  FIXED  MOBILE  NG3 
 NG49 


 NG56 


 Public 
 Mobile 


 (22) 


 Private 
 Land 
 Mobile 


 (90) 


 Personal 
 Radio 
 (95) 


 5.182 
 5.183 
 5.188 


 5.175 
 5.179 
 5.184 
 5.187 


 76-  88  BROADCASTING  Fixed  Mobile 


 76-  88  BROADCASTING 


 87.5-  100  BROADCASTING 
 5.185 


 75.4-  88 
 NG128 
 NG129 
 NG149 


 Broadcast 
 Radio 
 (TV) 


 (73)  Auxiliary 
 Broadcasting  (74) 


 5.190 
 88-  100  BROADCASTING 
 87-  100  FIXED  MOBILE  BROADCASTING 
 88-  108 


 88-  108  BROADCASTING 


 100-  108  BROADCASTING  5.192 
 5.194 


 US93 
 US93 
 NG2 
 NG128 


 NG129 


 Broadcast 
 Radio 
 (FM) 


 (73)  Auxiliary 
 Broadcasting  (74) 


 108-  117.975  AERONAUTICAL 
 RADIONAVIGATION  5.197  5.197A 


 108-  117.975  AERONAUTICAL 
 RADIONAVIGATION  US93  US343  117.975-  121.9375  AERONAUTICAL  MOBILE  (R)  5.111  5.198  5.199  5.200  US26  US28  121.9375-  123.0875  5.198  US30  US31  US33  US80  US102  US213  121.9375- 


 123.0875 
 AERONAUTICAL 


 MOBILE 
 5.198 
 US30 
 US31 
 US33 


 US80 
 US102 


 US213 


 117.975-  137  AERONAUTICAL 
 MOBILE 
 (R) 


 123.0875-  123.5875  AERONAUTICAL 
 MOBILE 
 5.198 
 5.200 
 US32 
 US33 
 US112 


 Aviation 
 (87) 


 5.111 
 5.198 
 5.199 
 5.200 
 5.201 
 5.202 
 5.203 
 5.203A 


 5.203B 


 See 
 next 
 page 


 for 
 123.5875-  137 


 MHz 


 See 
 next 
 page 


 for 


 123.5875-  137 
 MHz  Page 
 26 
50
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 A-  3 


 1525-  1530  SPACE 
 OPERATION  (space-  to-  Earth)  FIXED  MOBILE-  SATELLITE  (space-  to-  Earth)  5.351A  Earth  exploration-  satellite  Mobile  except  aeronautical  mobile  5.349  5.341  5.342  5.350  5.351  5.352A  5.354 


 1525-  1530  SPACE 
 OPERATION  (space-  to-  Earth)  MOBILE-  SATELLITE  (space-  to-  Earth)  5.351A  Earth  exploration-  satellite  Fixed  Mobile  5.343  5.341  5.351  5.354 


 1525-  1530  SPACE 
 OPERATION  (space-  to-  Earth)  FIXED  MOBILE-  SATELLITE  (space-  to-  Earth)  5.351A  Earth  exploration-  satellite  Mobile  5.349  5.341  5.351  5.352A  5.354 


 1525-  1535  MOBILE- 
 SATELLITE 


 (space-  to- 
 Earth) 
 US315 


 US380 


 1530-  1535  SPACE 
 OPERATION  (space-  to-  Earth)  MOBILE-  SATELLITE 


 (space- 


 to-  Earth) 
 5.351A 
 5.353A 


 Earth 
 exploration-  satellite  Fixed  Mobile  except  aeronautical  mobile  5.341  5.342  5.351 


 5.354 
 1530-  1535  SPACE 
 OPERATION 


 (space-  to- 
 Earth) 


 MOBILE-  SATELLITE 
 (space-  to- 
 Earth) 
 5.351A 


 5.353A 


 Earth 
 exploration-  satellite  Fixed  Mobile  5.343  5.341  5.351  5.354 


 5.341 
 5.351 


 Satellite  Communications 
 (25) 
 Maritime 
 (80) 


 1535-  1559  MOBILE- 
 SATELLITE 


 (space-  to- 
 Earth) 
 5.351A 


 5.341 
 5.351 
 5.353A 


 5.354 
 5.355 
 5.356 
 5.357 
 5.  357A 


 5.359 
 5.362A 


 1535-  1559  MOBILE- 
 SATELLITE 


 (space-  to- 
 Earth) 
 US308 


 US309 


 US315 
 US380 


 5.341 
 5.351 
 5.356 


 Satellite  Communications 
 (25) 
 Maritime 
 (80) 
 Aviation 
 (87) 


 1559-  1610  AERONAUTICAL 
 RADIONAVIGATION  RADIONAVIGATION-  SATELLITE  (space- 


 to-  Earth) 
 (space-  to- 


 space) 
 5.328B 
 5.329A 


 5.341 
 5.362B 


 5.362C 
 5.363 


 1559-  1610  AERONAUTICAL 
 RADIONAVIGATION  RADIONAVIGATION-  SATELLITE  (space- 


 to-  Earth) 


 (space-  to- 
 space) 


 5.341 
 US208 


 US260 
 US343 


 Aviation 
 (87) 
 Page 
 44 
51
 Federal  Communications  Commission  FCC  03-  238 
 A-  4 
 *  *  *  *  * 
 INTERNATIONAL  FOOTNOTES 
 *  *  *  *  * 
 5.197A  The  band  108-  117.  975  MHz  may  also  be  used  by  the  aeronautical  mobile  (R)  service  on  a  primary  basis,  limited  to  systems  that  transmit  navigational  information  in  support  of  air  navigation  and 
 surveillance  functions  in  accordance  with  recognized  international  aviation  standards.  Such  use  shall  be  in  accordance  with  Resolution  413  (WRC  03)  and  shall  not  cause  harmful  interference  to  nor  claim  protection 
 from  stations  operating  in  the  aeronautical  radionavigation  service  which  operate  in  accordance  with  international  aeronautical  standards. 


 *  *  *  *  * 
 5.328B  The  use  of  the  bands  1164-  1300  MHz,  1559-  1610  MHz  and  5010-  5030  MHz  by  systems  and  networks  in  the  radionavigation-  satellite  service  for  which  complete  coordination  or  notification 
 information,  as  appropriate,  is  received  by  the  Radiocommunication  Bureau  after  1  January  2005  is  subject  to  the  application  of  the  provisions  of  Nos.  9.12,  9.12A  and  9.13.  Resolution  610  (WRC  03)  shall  also  apply. 


 *  *  *  *  * 
 UNITED  STATES  (US)  FOOTNOTES 
 *  *  *  *  * 
 US31  The  frequencies  122.  700,  122.725,  122.750,  122.  800,  122.950,  122.975,  123.  000,  123.050  and  123.075  MHz  may  be  assigned  to  aeronautical  advisory  stations.  In  addition,  at  landing  areas  having  a 


 part-  time  or  no  airdrome  control  tower  or  FAA  flight  service  station,  these  frequencies  may  be  assigned  on  a  secondary  non-  interference  basis  to  aeronautical  utility  mobile  stations,  and  may  be  used  by  FAA  ground 
 vehicles  for  safety  related  communications  during  inspections  conducted  at  such  landing  areas.  The  frequencies  122.850,  122.900  and  122.925  MHz  may  be  assigned  to  aeronautical  multicom 
 stations.  In  addition,  122.850  MHz  may  be  assigned  on  a  secondary  noninterference  basis  to  aeronautical  utility  mobile  stations.  In  case  of  122.925  MHz,  US213  applies. 
 Air  carrier  aircraft  stations  may  use  122.  000  and  122.050  MHz  for  communication  with  aeronautical  stations  of  the  Federal  Aviation  Administration  and  122.  700,  122.800,  122.900  and  123.000  MHz  for 
 communications  with  aeronautical  stations  pertaining  to  safety  of  flight  with  and  in  the  vicinity  of  landing  areas  not  served  by  a  control  tower. 
 Frequencies  in  the  band  121.9375-  122.  6875  MHz  may  be  used  by  aeronautical  stations  of  the  Federal  Aviation  Administration  for  communication  with  aircraft  stations. 


 *  *  *  *  * 
 US343  Differential-  Global-  Positioning-  System  (DGPS)  Stations,  limited  to  ground-  based  transmitters,  may  be  authorized  on  a  primary  basis  in  the  bands  108-  117.975  and  1559-  1610  MHz  for  the  specific 


 purpose  of  transmitting  DGPS  information  intended  for  aircraft  navigation.  Such  use  shall  be  in  accordance  with  ITU  Resolution  413  (WRC-  03). 
52
 Federal  Communications  Commission  FCC  03-  238 
 A-  5 
 PART  87  AVIATION  SERVICES 
 1.  The  authority  citation  for  Part  87  continues  to  read  as  follows: 
 AUTHORITY:  48  Stat.  1066,  1082,  as  amended;  47  U.  S.  C.  154,  303,  307(  e)  unless  otherwise  noted.  Interpret  or  apply  48  Stat.  1064-  1068,  1081-  1105,  as  amended;  47  U.  S.  C.  151-  156,  301-  609. 


 2.  Section  87.5  is  amended  by  removing  the  entry  and  definition  for  Civil  Air  Patrol  Station  and  by  adding,  at  the  appropriate  positions  in  alphabetical  order,  entries  and  definitions  for  Automatic  Terminal 
 Information  Service-  Broadcast  (ATIS-  B),  Differential  GPS  (DGPS),  and  Flight  Information  Service-Broadcast  (FIS-  B),  to  read  as  follows: 


   87.5  Definitions. 
 *  *  *  *  * 
 Airport  control  tower  (control  tower)  station.  An  aeronautical  station  providing  communication  between  a  control  tower  and  aircraft. 


 Automatic  terminal  information  service-  broadcast  (ATIS-  B).  The  automatic  provision  of  current,  routine  information  to  arriving  and  departing  aircraft  throughout  a  24-  hour  period  or  a  specified  portion 
 thereof. 
 Automatic  weather  observation  station  (AWOS)  or  automatic  surface  observation  station  (ASOS).  A  land  station  located  at  an  airport  and  used  to  automatically  transmit  weather  information  to  aircraft. 


 *  *  *  *  * 
 Aviation  support  station.  An  aeronautical  station  used  to  coordinate  aviation  services  with  aircraft  and  to  communicate  with  aircraft  engaged  in  unique  or  specialized  activities.  (See  Subpart  K.) 


 Differential  GPS  (DGPS).  A  system  which  transmits  corrections  to  the  GPS  derived  position. 
 Emergency  locator  transmitter  (ELT)  test  station.  A  land  station  used  for  testing  ELTs  or  for  training  in  the  use  of  ELTs. 


 *  *  *  *  * 
 Expendable  launch  vehicle  (ELV).  A  booster  rocket  that  can  be  used  only  once  to  launch  a  payload,  such  as  a  missile  or  space  vehicle. 


 Flight  Information  Service-  Broadcast  (FIS-  B).  A  broadcast  service  provided  for  the  purpose  of  giving  advice  and  information  useful  for  the  safe  and  efficient  conduct  of  flights. 
 Flight  test  aircraft  station.  An  aircraft  station  used  in  the  testing  of  aircraft  or  their  major  components. 
 *  *  *  *  * 
 3.  Section  87.  25  is  amended  by  removing  paragraph  (f). 
 4.  Section  87.  27  is  amended  by  removing  paragraph  (b),  redesignating  paragraph  (c)  as  (b),  and  revising  paragraph  (a)  to  read  as  follows: 
53
 Federal  Communications  Commission  FCC  03-  238 
 A-  6 
   87.27  License  term. 
 (a)  Licenses  for  stations  in  the  aviation  services  will  normally  be  issued  for  a  term  of  ten  years  from  the  date  of  original  issuance,  or  renewal. 


 *  *  *  *  * 
 5.  Section  87.45  is  amended  to  read  as  follows: 
   87.45  Time  in  which  station  is  placed  in  operation. 
 This  section  applies  only  to  unicom  stations  and  radionavigation  land  stations,  excluding  radionavigation  land  test  stations.  When  a  new  license  has  been  issued  or  additional  operating  frequencies 
 have  been  authorized,  the  station  or  frequencies  must  be  placed  in  operation  no  later  than  one  year  from  the  date  of  the  grant.  The  licensee  must  notify  the  Commission  in  accordance  with    1.946  of  this  chapter  that 
 the  station  or  frequencies  have  been  placed  in  operation. 
 6.  Section  87.109  is  amended  to  read  as  follows: 
   87.109  Station  Logs. 
 (a)  A  station  at  a  fixed  location  in  the  international  aeronautical  mobile  service  must  maintain  a  log  in  accordance  with  Annex  10  of  the  ICAO  Convention. 


 (b)  A  station  log  must  contain  the  following  information: 
 (1)  The  name  of  the  agency  operating  the  station. 
 (2)  The  identification  of  the  station. 
 (3)  The  date. 
 (4)  The  time  of  opening  and  closing  the  station. 
 (5)  The  frequencies  being  guarded  and  the  type  of  watch  (continuous  or  scheduled)  being  maintained  on  each  frequency. 


 (6)  Except  at  intermediate  mechanical  relay  stations  where  the  provisions  of  this  paragraph  need  not  be  complied  with,  a  record  of  each  communication  showing  text  of  communication,  time 
 communications  completed,  station(  s)  communicated  with,  and  frequency  used. 
 (7)  All  distress  communications  and  action  thereon. 
 (8)  A  brief  description  of  communications  conditions  and  difficulties,  including  harmful  interference.  Such  entries  should  include,  whenever  practicable,  the  time  at  which 


 interference  was  experienced,  the  character,  radio  frequency  and  identification  of  the  interfering  signal. 


 (9)  A  brief  description  of  interruption  to  communications  due  to  equipment  failure  or  other  troubles,  giving  the  duration  of  the  interruption  and  action  taken. 
 (10)  Such  additional  information  as  may  be  considered  by  the  operator  to  be  of  value  as  part  of  the  record  of  the  stations  operations. 


 (c)  Stations  maintaining  written  logs  must  also  enter  the  signature  of  each  operator,  with  the  time  the  operator  assumes  and  relinquishes  a  watch. 
54
 Federal  Communications  Commission  FCC  03-  238 
 A-  7 
 7.  Section  87.111  is  amended  to  read  as  follows: 
   87.111  Suspension  or  discontinuance  of  operation. 
 The  licensee  of  any  airport  control  tower  station  or  radionavigation  land  station  must  notify  the  nearest  FAA  regional  office  upon  the  temporary  suspension  or  permanent  discontinuance  of  the  station.  The 
 FAA  regional  office  must  be  notified  again  when  service  resumes. 
 8.  Section  87.131  is  amended  by  revising  the  table  and  footnote  8  to  read  as  follows: 
   87.131  Power  and  emissions. 
 *  *  * 


 Class  of  station  Frequency  band/  frequency  Authorized  emission(  s)  9  Maximum  power  1 
 *  *  *  *  *  *  *  *  *  *  *  * 
 Aeronautical  enroute  and  aeronautical  fixed.  HF...  R3E,  H3E,  J3E,  J7B,  H2B,  J2D  6  kW. 


 VHF....  A3E,  A9Wm  G1D,  A2D 
 *  *  *  *  *  *  *  *  *  *  *  * 
 Aircraft  (Communication).  UHF  F2D,  F9D,  F7D  25  watts. 


 VHF  A3E,  A9W,  G1D,  G7D,  A2D  55  watts. 
 HF...  R3E,  H3E,  J3E,  J7B,  H2B,  J7D,  J9W  400  watts. 


 HF...  A1A,  F1B,  J2A,  J2B  100  watts. 
 *  *  *  *  *  *  *  *  *  *  *  * 
 Aircraft  earth  UHF.  G1D,  G1E,  G1W  60  watts.  8 
 *  *  *  *  *  *  *  *  *  *  *  *  *  *  *  *  *  * 


 1  The  power  is  measured  at  the  transmitter  output  terminals  and  the  type  of  power  is  determined  according  to  the 
 emission  designator  as  follows:  (i)  Mean  power  (pY)  for  amplitude  modulated  emissions  and  transmitting  both  sidebands  using  unmodulated  full 


 carrier.  (ii)  Peak  envelope  power  (pX)  for  all  emission  designators  other  than  those  referred  to  in  paragraph  (i)  of  this  note. 


 *  *  * 
 8  Power  may  not  exceed  60  watts  per  carrier,  as  measured  at  the  input  of  the  antenna  subsystem,  including  any  installed 
 diplexer.  The  maximum  EIRP  may  not  exceed  2000  watts  per  carrier. 
 9  Excludes  automatic  link  establishment. 


 *  *  * 
55
 Federal  Communications  Commission  FCC  03-  238 
 A-  8 
 9.  Section  87.  133  is  amended  by  revising  paragraph  (c)  to  read  as  follows: 
   87.133  Frequency  stability. 
 *  *  *  *  * 
 (c)  For  single-  sideband  transmitters,  the  tolerance  is: 
 (1)  All  aeronautical  stations  on  land..  10  Hz 
 (2)  All  aircraft  stations...  20  Hz 
 *  *  *  *  * 
 10.  Section  87.137  is  revised  by  amending  the  table  in  paragraph  (a)  to  read  as  follows: 
   87.137  Types  of  emission. 
 (a)*  *  *  Authorized  bandwidth  (kilohertz) 


 Class  of  emission  Emission  designator  Below  50 
 MHz  Above  50  MHz  Frequency  deviation 


 *  *  *  *  *  *  *  *  *  *  *  *  *  *  * 


 A3E  2  6K00A3E  3  50 


 A3E  5K6A3E 
 (17) 
 8.33kHz 


 *  *  *  *  *  *  *  *  *  *  *  *  *  *  * 
 F9D  5M0F9D  (9) 


 G1D  16K0G1D  20kHz 


 *  *  *  *  *  *  *  *  *  *  *  *  *  *  * 


 G1E  16  21K0G1E  25 
 G1W  16  21K0G1W  25 
 *  *  *  *  *  *  *  *  *  *  *  *  *  *  *  *  *  *  *  *  *  *  *  *  * 


 *  *  * 
 2  For  use  with  an  authorized  bandwidth  of  8.0  kilohertz  at  radiobeacon  stations.  A3E  will  not  be  authorized: 
 (i)  At  existing  radiobeacon  stations  that  are  not  authorized  to  use  A3  and  at  new  radiobeacon  stations  unless  specifically  recommended  by  the  FAA  for  safety  purposes. 


 (ii)  At  existing  radiobeacon  stations  currently  authorized  to  use  A3,  subsequent  to  January  1,  1990,  unless  specifically  recommended  by  the  FAA  for  safety  purposes. 
56
 Federal  Communications  Commission  FCC  03-  238 
 A-  9 
 3  In  the  band  117.975-  136  MHz,  the  authorized  bandwidth  is  25  kHz  for  transmitters  approved  after  January  1,  1974. 
 *  *  * 
 9  To  be  specified  on  license. 


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


 17  In  the  band  117.975-  137  MHz,  the  Commission  will  not  authorize  any  8.  33  kHz  channel  spaced  transmissions  or 
 the  use  of  their  associated  emission  designator  within  the  U.  S.  National  Airspace  System,  except  by  avionics  equipment  manufacturers,  and  Flight  Test  Stations,  which  are  required  to  perform  installation  and  checkout  of  such 


 radio  systems  prior  to  delivery  to  their  customers  for  use  outside  U.  S.  controlled  airspace.  For  transmitters  certificated  to  tune  to  8.33  kHz  channel  spacing  as  well  as  25  kHz  channel  spacing,  the  authorized  bandwidth  is  8.33 
 kHz  when  tuned  to  an  8.  33  kHz  channel. 
 *  *  *  *  * 
 11.  Section  87.139  is  amended  by  removing  paragraph  (i)(  2),  redesignating  paragraphs  (i)(  3)  and  (i)(  4)  as  paragraphs  (i)(  2)  and  (i)(  3),  and  revising  paragraphs  (h)(  2),  (i)(  1),  and  (i)(  3)  to  read  as  follows: 


   87.139  Emission  limitations. 
 *  *  *  *  * 
 (h)  *  *  *  *  * 
 (2)  When  the  frequency  is  removed  from  the  assigned  frequency  by  more  than  100  percent  of  the  authorized  bandwidth  the  attenuation  must  be  at  least  30  dB. 


 (i)  *  *  *  *  * 
 (1)  At  rated  output  power,  while  transmitting  a  modulated  single  carrier,  the  composite  spurious  and  noise  output  shall  be  attenuated  by  at  least: 


 Frequency  (MHz)  Attenuation  (dB)  1 
 0.01  to  1525  -135  dB/  4  kHz 
 1525  to  1559  -203  dB/  4  kHz 
 1559  to  1585  -155  dB/  MHz 
 1585  to  1605  -143  dB/  MHz 
 1605  to  1610  -117  dB/  MHz 
 1610  to  1610.6  -95  dB/  MHz 
 1610.6  to  1613.8  -80  dBW/  MHz  3 
 1613.8  to  1614  -95  dB/  MHz 
 1614  to  1626.5  -70  dB/  4  kHz 
 1626.5  to  1660  -70  dB/  4  kHz  2,  3,  4 
 1660  to  1670  -49.5  dBW/  20  kHz  2,  3,  4 
57
 Federal  Communications  Commission  FCC  03-  238 
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 1670  to  1735  -60  dB/  4  kHz 
 1735  to  12000  -105  dB/  4  kHz 
 12000  to  18000  -70  dB/  4  kHz  1 
 These  values  are  expressed  in  dB  referenced  to  the  carrier  for  the  bandwidth  indicated,  and  relative  to  the  maximum  emission  envelope  level,  except  where  the  attenuation  is  shown  in  dBW,  the  attenuation  is  expressed  in  terms  of  absolute 


 power  referenced  to  the  bandwidth  indicated.  2  Attenuation  measured  within  the  transmit  band  excludes  the  band    35  kHz  of  the  carrier  frequency. 
 3  This  level  is  not  applicable  for  intermodulation  products. 
 4  The  upper  limit  for  the  excess  power  for  any  narrow-  band  spurious  emission  (excluding  intermodulation  products 


 within  a  30  kHz  measurement  bandwidth)  shall  be  10  dB  above  the  power  limit  in  this  table. 


 *  *  *  *  * 
 (3)  *  *  * 


 Frequency  Offset  (normalized  to  SR)  Attenuation  (dB) 
 +/-  0.75  x  SR  0 
 +/-  1.40  x  SR  20 
 +/-  2.95  x  SR  40 


 Where:  SR  =  Symbol  Rate  SR  =  1  x  channel  rate  for  BPSK 
 SR=  0.5  x  channel  rate  for  QPSK 
 *  *  *  *  * 
 12.  Section  87.145  is  amended  by  removing  paragraph  (c)(  1)  and  redesignating  paragraphs  (c)(  2)  through  (c)(  5)  as  paragraphs  (c)(  1)  through  (c)(  4). 


 13.  Section  87.147  is  amended  by  adding  paragraph  (f)  and  revising  paragraphs  (d),  (d)(  1),  and  (e)  to  read  as  follows: 
   87.147  Authorization  of  equipment. 
 *  *  *  *  * 
 (d)  An  applicant  for  certification  of  equipment  intended  for  transmission  in  any  of  the  frequency  bands  listed  in  paragraph  (d)(  3)  of  this  section  must  notify  the  FAA  of  the  filing  of  a 
 certification  application.  The  letter  of  notification  must  be  mailed  to:  FAA,  Office  of  Spectrum  Policy  and  Management,  ASR-  1,  800  Independence  Ave.,  S.  W.,  Washington,  D.  C.  20591  prior  to  the  filing  of 
 the  application  with  the  Commission. 
 *  *  *  *  * 
 (2)  The  certification  application  must  include  a  copy  of  the  notification  letter  to  the  FAA.  The  Commission  will  not  act  until  it  receives  the  FAAs  determination  regarding  whether  it  objects  to  the 
 application  for  equipment  authorization.  The  FAA  should  mail  its  determination  to:  Office  of  Engineering  and  Technology  Laboratory,  Authorization  and  Evaluation  Division,  7435  Oakland  Mills 
 Rd.,  Columbia,  MD  21046.  The  Commission  will  consider  the  FAA  determination  before  taking  final  action  on  the  application. 
58
 Federal  Communications  Commission  FCC  03-  238 
 A-  11 
 (3)  The  frequency  bands  are  as  follows: 
 90-  110  kHz  190-  285  kHz 
 325-  435  kHz  74.800  MHz  to  75.200  MHz 
 108.000  MHz  to  137.000  MHz  328.600  MHz  to  335.400  MHz 
 960.000  MHz  to  1215.000  MHz  1545.  000  MHz  to  1626.500  MHz 
 1646.  500  MHz  to  1660.500  MHz  5000.  000  MHz  to  5250.000  MHz 
 14.000  GHz  to  14.400  GHz  15.400  GHz  to  15.700  GHz 
 24.250  GHz  to  25.250  GHz  31.800  GHz  to  33.400  GHz 


 (e)  Verification  reports  for  ELTs  capable  of  operating  on  the  frequency  406.0-  406.1  MHz  must  include  sufficient  documentation  to  show  that  the  ELT  meets  the  requirements  of  Section  87.199(  a)  of  this 
 Part.  A  letter  notifying  the  FAA  of  the  ELT  verification  must  be  mailed  to:  FAA,  Office  of  Spectrum  Policy  and  Management,  ASR-  1,  800  Independence  Avenue  SW.,  Washington,  DC  20591 


 (f)  Certification  may  be  requested  for  equipment  that  has  the  capability  to  transmit  in  the  138-  144  MHz,  148-  149.9  MHz,  or  150.5-  150.8  MHz  bands  as  well  as  frequency  bands  set  forth  in 
 Section  87.173  of  this  part.  The  Commission  will  only  certify  this  equipment  for  use  in  the  bands  regulated  by  this  part. 


 14.  Section  87.151  is  added  to  read  as  follows: 
   87.151  Special  requirements  for  differential  GPS  receivers. 
 (a)  The  receiver  shall  achieve  a  message  failure  rate  less  than  or  equal  to  one  failed  message  per  1000  full-  length  (222  bytes)  application  data  messages,  while  operating  over  a  range  from  -87  dBm  to 
 -1  dBm,  provided  that  the  variation  in  the  average  received  signal  power  between  successive  bursts  in  a  given  time  slot  shall  not  exceed  40  dB.  Failed  messages  include  those  lost  by  the  VHF  data  receiver 
 system  or  which  do  not  pass  the  cyclic  redundancy  check  (CRC)  after  application  of  the  forward  error  correction  (FEC). 


 (b)  The  aircraft  receiving  antenna  can  be  horizontally  or  vertically  polarized.  Due  to  the  difference  in  the  signal  strength  of  horizontally  and  vertically  polarized  components  of  the  broadcast 
 signal,  the  total  aircraft  implementation  loss  is  limited  to  15  dB  for  horizontally  polarized  receiving  antennas  and  11  dB  for  vertically  polarized  receiving  antennas. 


 (c)  Desensitization.  The  receiver  shall  meet  the  requirements  specified  in  paragraph  (a)  of  this  section  in  the  presence  of  VHF-  FM  broadcast  signals  in  accord  with  following  tables. 
59
 Federal  Communications  Commission  FCC  03-  238 
 A-  12 
 (1)  Maximum  levels  of  undesired  signals. 
 Frequency  1  Maximum  level  of  undesired  signal  at  the  receiver  input  (dBm) 
 50  kHz  up  to  88  MHz  88  MHz    107.900  MHz 
 108.000  MHz    117.975  MHz  118  MHz 
 118.025  MHz  118.050  MHz  up  to  1660.5  MHz 


 -13  [see  paragraph  (c)(  2)] 
 excluded  -44 
 -41  -13 


 (2)  Desensitization  frequency  and  power  requirements  for  the  frequencies  108.025  MHz  to  111.975  MHz. 
 Frequency  1  Maximum  level  of  undesired  signal  at  the  receiver  input  (dBm) 
 88  MHz  <  f  <  102  MHz  104  MHz 
 106  MHz  107.9  MHz 
 15  10 
 5  -10 


 (3)  Desensitization  frequency  and  power  requirements  for  the  frequencies  112.00  MHz  to  117.975  MHz. 
 Frequency  1  Maximum  level  of  undesired  signal  at  the  receiver  input  (dBm) 
 88  MHz  <  f  <  104  MHz  106  MHz 
 107  MHz  107.9  MHz 
 15  10 
 5  0 


 1  The  relationship  is  linear  between  single  adjacent  points  designated  by  the  above  frequencies. 
 (d)  Intermodulation  Immunity.  The  receiver  shall  meet  the  requirements  specified  in  paragraph  (a)  above  in  the  presence  of  interference  from  two-  signal,  third  order  intermodulation  products 
 of  two  VHF-  FM  broadcast  signals  having  levels  in  accordance  with  the  following: 
 (1)  2N1  +  N2  +  72  <  0  for  VHF-  FM  sound  broadcasting  signals  in  the  range  107.7  108  MHz;  and 
 (2)  2N1  +  N2  +  3(  24    20log  delta  f/  0.4)  <  0  for  VHF-  FM  sound  broadcasting  signals  below  107.7  MHz,  where  the  frequencies  of  the  two  VHF-  FM  sound  broadcasting  signals  produce,  within  the 
 receiver,  a  two  signal,  third-  order  intermodulation  product  on  the  desired  VDB  frequency. 
 (3)  In  the  formulas  in  paragraphs  (d)(  1)  and  (d)(  2)  above,  N1  and  N2  are  the  levels  (dBm)  of  the  two  VHF  FM  sound  broadcasting  signals  at  the  VHF  data  broadcast  (VDB)  receiver  input.  Neither  level 
 shall  exceed  the  desensitization  criteria  set  forth  in  paragraph  (c).  Delta  f  =  108.1    f1,  where  f1  is  the  frequency  of  N1,  the  VHF  FM  sound  broadcasting  signal  closer  to  108.1  MHz. 
60
 Federal  Communications  Commission  FCC  03-  238 
 A-  13 
 15.  Section  87.169  is  amended  to  read  as  follows: 
   87.169  Scope. 
 This  subpart  contains  class  of  station  symbols  and  a  frequency  table  which  lists  assignable  frequencies.  Frequencies  in  the  Aviation  Services  will  transmit  communications  for  the  safe,  expeditious, 
 and  economic  operation  of  aircraft  and  the  protection  of  life  and  property  in  the  air.  Each  class  of  land  station  may  communicate  in  accordance  with  the  particular  sections  of  this  part  which  govern  these 
 classes.  Land  stations  in  the  Aviation  Services  in  Alaska  may  transmit  messages  concerning  sickness,  death,  weather,  ice  conditions  or  other  matters  relating  to  safety  of  life  and  property  if  there  is  no  other 
 established  means  of  communications  between  the  points  in  question  and  no  charge  is  made  for  the  communications  service. 


 16.  Section  87.171  is  amended  by  adding,  in  alphabetical  order,  the  symbols  and  class  of  station  for  GCO,  RCO,  RLD,  RNV,  and  RPC,  and  by  removing  the  symbol  and  class  of  station  for  FAP  to  read  as  follows: 
   87.171  Class  of  station  symbols. 
 *  *  * 
 FAM    Aeronautical  multicom 
 FAR    Aeronautical  search  and  rescue 
 *  *  * 
 FAW    Automatic  weather  observation 
 GCO    Ground  Communication  Outlet 
 MA    Aircraft  (Air  carrier  and  Private) 
 *  *  * 
 MRT    ELT  test 
 RCO    Remote  Communications  Outlet 
 RL    Radionavigation  land  (unspecified) 
 *  *  * 
 RLB    Radiobeacon 
 RLD    RADAR/  TEST 
 RLG    Glide  path 
 *  *  * 
 RLW    Microwave  landing  system 
 RNV    Radio  Navigation  Land/  DME 
61
 Federal  Communications  Commission  FCC  03-  238 
 A-  14 
 RPC    Ramp  Control 
 TJ    Aircraft  earth  station  in  the  Aeronautical  Mobile-  Satellite  Service 
 17.  Section  87.173  is  amended  by  revising  the  table  in  paragraph  (b)  to  read  as  follows: 
   87.173  Frequencies. 
 *  *  *  *  * 
 (b)  Frequency  table: 


 Frequency  or  frequency  band  Subpart  Class  of  station  Remarks 
 90-  110  kHz  Q  RL  LORAN  C. 
 190-  285  kHz  Q  RLB  Radiobeacons. 
 200-  285  kHz  O  FAC  Air  traffic  control. 
 325-  405  kHz  Q  RLB  Radiobeacons. 
 410.0  kHz  F  MA  International  direction-  finding  for  use  outside  of  United  States 


 457.0  kHz  F  MA  Working  frequency  for  aircraft  on  over-  water  flights. 
 500.0  kHz  F  MA  International  calling  and  distress  frequency  for  ships  and  aircraft  on  over-  water  flights. 
 510-  535  kHz  Q  RLB  Radiobeacons. 
 2182.0  kHz  F  MA  International  distress  and  calling. 
 2371.0  kHz  [Reserved] 
 2374.0  kHz  [Reserved] 
 2648.  0  kHz  I  AX  Alaska  station. 


 2851.0  kHz  I,  J  MA,  FAE,  FAT  International  HF  (AFI);  Flight  test. 
 2854.0  kHz  I  MA,  FAE  International  HF  (SAT). 
 2866.0  kHz  I  MA,  FAE  Domestic  HF  (Alaska). 
 2869.0  kHz  I  MA,  FAE  International  HF  (CEP). 
 2872.0  kHz  I  MA,  FAE  International  HF  (NAT). 
 2875.0  kHz  I  MA,  FAE  Domestic  HF. 
 2878.0  kHz  I  MA1,  FAE  Domestic  HF;  International  HF  (AFI). 
 2887.0  kHz  I  MA,  FAE  International  HF  (CAR). 
 2899.0  kHz  I  MA,  FAE  International  HF  (NAT). 
 2911.0  kHz  I  MA,  FAE  Domestic  HF. 
 2932.0  kHz  I  MA,  FAE  International  HF  (NP). 
 2935.0  kHz  I  MA,  FAE  International  HF  (NP). 
 2944.0  kHz  I  MA,  FAE  International  HF  (SAM  and  MID). 
 2956.0  kHz  I  MA,  FAE  Domestic  HF. 
 2962.0  kHz  I  MA,  FAE  International  HF  (NAT). 
 2971.0  kHz  I  MA,  FAE  International  HF  (NAT). 
62
 Federal  Communications  Commission  FCC  03-  238 
 A-  15 
 2992.0  kHz  I  MA,  FAE  International  HF  (MID). 
 2998.0  kHz  I  MA,  FAE  International  HF  (CWP). 


 3004.0  kHz  I,  J  MA,  FAE,  FAT  International  HF  (NCA);  Flight  test. 
 3013.0  kHz  I  MA,  FAE  Long  distance  operational  control 
 3016.0  kHz  I  MA,  FAE  International  HF  (EA,  NAT). 
 3019.0  kHz  I  MA1,  FAE  Domestic  HF;  International  HF  (NCA). 


 3023.0  kHz  F,  M,  O  MA1,  FAR,  FAC  Search  and  rescue  communications. 


 3281.0  kHz  K  MA,  FAS  Lighter-  than-  air  craft  and  aeronautical  stations  serving  lighter-  than-  air  craft. 
 3413.0  kHz  I  MA,  FAE  International  HF  (CEP). 
 3419.0  kHz  I  MA,  FAE  International  HF  (AFI). 
 3425.0  kHz  I  MA,  FAE  International  HF  (AFI). 
 3434.0  kHz  I  MA1,  FAE  Domestic  HF. 
 3443.0  kHz  J  MA,  FAT 
 3449.0  kHz  I  MA,  FAE  Domestic  HF. 
 3452.0  kHz  I  MA,  FAE  International  HF  (SAT). 
 3455.0  kHz  I  MA,  FAE  International  HF  (CAR,  CWP). 
 3467.0  kHz  I  MA,  FAE  International  HF  (AFI,  MID,  SP). 
 3470.0  kHz  I  MA,  FAE  Domestic  HF  and  International  HF  (SEA). 
 3473.0  kHz  I  MA,  FAE  International  HF  (MID). 
 3476.0  kHz  I  MA,  FAE  International  HF  (INO,  NAT). 
 3479.0  kHz  I  MA,  FAE  International  HF  (EUR,  SAM). 
 3485.0  kHz  I  MA,  FAE  International  HF  (EA,  SEA). 
 3491.0  kHz  I  MA,  FAE  International  HF  (EA). 
 3494.0  kHz  I  MA,  FAE  Long  distance  operational  control.  4125.  0  kHz  F  MA  Distress  and  safety  with  ships  and 


 coast  stations.  4466.0  kHz  [Reserved] 
 4469.0  kHz  [Reserved] 
 4506.0  kHz  [Reserved] 
 4509.0  kHz  [Reserved] 
 4550.  0  kHz  I  AX  Gulf  of  Mexico. 
 4582.0  kHz  [Reserved] 
 4585.0  kHz  [Reserved] 
 4601.0  kHz  [Reserved] 
 4604.0  kHz  [Reserved] 
 4627.0  kHz  [Reserved] 
 4630.0  kHz  [Reserved] 
 4645.  0  kHz  I  AX  Alaska. 
 *  *  * 
 21964.0  kHz  I  MA,  FAE  Long  distance  operational  control. 
 26618.5  kHz  [Reserved] 
 26620.0  kHz  [Reserved] 
63
 Federal  Communications  Commission  FCC  03-  238 
 A-  16 
 26621.5  kHz  [Reserved] 
 72.020-  75.980  MHz  P  FA,  AXO  Operational  fixed;  20  kHz  spacing. 
 75.000  MHz  Q  RLA  Marker  beacon. 
 108.000  MHz  Q  RLT 
 108.000-  117.950  MHz  Q  RLO  VHF  omni-  range. 
 108.000-  117.975  MHz  Q  DGP  Differential  GPS. 
 108.050  MHz.  Q  RLT 
 108.100-  111.950  MHz  Q  RLL  ILS  Localizer. 
 108.100  MHz  Q  RLT 
 108.150  MHz  Q  RLT 
 118.000-  121.400  MHz  O  MA,  FAC,  FAW,  GCO, 


 RCO,  RPC 
 25  kHz  channel  spacing. 


 121.500  MHz  G,  H,  I,  J,  K,  M,  O  MA,  FAU,  FAE,  FAT, 
 FAS,  FAC,  FAM,  FAP 
 Emergency  and  distress. 


 121.600-  121.925  MHz  I,  O,  L,  Q  MA,  FAC,  MOU,  RLT, 
 GCO,  RCO,  RPC 
 25  kHz  channel  spacing. 


 121.950  MHz  K  FAS 
 121.975  MHz  F  MA,  FAW,  FAC,  MOU  Air  traffic  control  operations. 


 122.000  MHz  F  MA,  FAC,  MOU  Air  carrier  and  private  aircraft  enroute  flight  advisory  service  provided  by  FAA. 
 122.025  MHz  F  MA,  FAC,  MOU  Air  traffic  control  operations. 
 122.050  MHz  F  MA,  FAC,  MOU  Air  traffic  control  operations. 
 122.075  MHz  F  MA,  FAW,  FAC,  MOU  Air  traffic  control  operations. 
 122.100  MHz  F,  O  MA,  FAC,  MOU  Air  traffic  control  operations. 
 122.125-  122.675  MHz  F  MA,  FAC,  MOU  Air  traffic  control  operations;  25  kHz  spacing. 
 122.700  MHz  G,  L  MA,  FAU,  MOU  Unicom  at  airports  with  no  control  tower;  Aeronautical  utility  stations. 
 122.725  MHz  G,  L  MA,  FAU,  MOU  Unicom  at  airports  with  no  control  tower;  Aeronautical  utility  stations. 
 122.750  MHz  F  MA2  Private  fixed  wing  aircraft  air-  to-  air  communications. 
 122.775  MHz  K  MA,  FAS 
 122.800  MHz  G,  L  MA,  FAU,  MOU  Unicom  at  airports  with  no  control  tower;  Aeronautical  utility  stations. 


 122.825  MHz  I  MA,  FAE  Domestic  VHF. 
 122.850  MHz  H,  K  MA,  FAM,  FAS 


 122.875  MHz  I  MA,  FAE  Domestic  VHF. 
64
 Federal  Communications  Commission  FCC  03-  238 
 A-  17 
 122.900  MHz  F,  H,  L,  M  MA,  FAR,  FAM,  MOU 
 122.925  MHz  H  MA2,  FAM 
 122.950  MHz  G,  L  MA,  FAU,  MOU  Unicom  at  airports  with  no  control  tower;  Aeronautical  utility  stations. 


 122.975  MHz  G,  L  MA,  FAU,  MOU  Unicom  at  airports  with  no  control  tower;  Aeronautical  utility  stations. 
 123.000  MHz  G,  L  MA,  FAU,  MOU  Unicom  at  airports  with  no  control  tower;  Aeronautical  utility  stations. 
 123.025  MHz  F  MA2  Helicopter  air-  to-  air  communications;  Air  traffic  control  operations. 
 123.050  MHz  G,  L  MA,  FAU,  MOU  Unicom  at  airports  with  no  control  tower;  Aeronautical  utility  stations. 
 123.075  MHz  G,  L  MA,  FAU,  MOU  Unicom  at  airports  with  no  control  tower;  Aeronautical  utility  stations. 
 123.100  MHz  M,  O  MA,  FAC,  FAR 
 123.125  MHz  J  MA,  FAT  Itinerant. 
 123.150  MHz  J  MA,  FAT  Itinerant. 
 123.175  MHz  J  MA,  FAT  Itinerant. 
 123.200  MHz  J  MA,  FAT 
 123.225  MHz  J  MA,  FAT 
 123.250  MHz  J  MA,  FAT 
 123.275  MHz  J  MA,  FAT 
 123.300  MHz  K  MA,  FAS 
 123.325  MHz  J  MA,  FAT 
 123.350  MHz  J  MA,  FAT 
 123.375  MHz  J  MA,  FAT 
 123.400  MHz  J  MA,  FAT  Itinerant. 
 123.425  MHz  J  MA,  FAT 
 123.450  MHz  J  MA,  FAT 
 123.475  MHz  J  MA,  FAT 
 123.500  MHz  K  MA,  FAS 
 123.525  MHz  J  MA,  FAT 
 123.550  MHz  J  MA,  FAT 
 123.575  MHz  J  MA,  FAT 
 *  *  * 
 123.6-  128.  8  MHz  O  MA,  FAC,  FAW,  GCO, 


 RCO,  RPC 
 25  kHz  channel  spacing. 


 128.825-  132.000  MHz  I  MA,  FAE  Domestic  VHF;  25  kHz  channel  spacing. 
 132.025-  135.975  MHz  O  MA,  FAC,  FAW,  GCO, 


 RCO,  RPC 
 25  kHz  channel  spacing. 


 136.000-  136.400  MHz  O,  S  MA,  FAC,  FAW,  GCO, 
 RCO,  RPC 
 Air  traffic  control  operations;  25  kHz  channel  spacing. 


 136.425  MHz  O,  S  MA,  FAC,  Air  traffic  control  operations. 
65
 Federal  Communications  Commission  FCC  03-  238 
 A-  18 
 FAW,  GCO,  RCO,  RPC 
 136.  450  MHz  O,  S  MA,  FAC,  FAW,  GCO, 
 RCO,  RPC 
 Air  traffic  control  operations. 


 136.475  MHz  O,  S  MA,  FAC,  FAW,  GCO, 
 RCO,  RPC 
 Air  traffic  control  operations. 


 136.500-  136.875  MHz  I  MA,  FAE  Domestic  VHF;  25  kHz  channel  spacing. 
 136.900  MHz  I  MA,  FAE  International  and  domestic  VHF. 
 136.925  MHz  I  MA,  FAE  International  and  domestic  VHF. 
 136.950  MHz  I  MA,  FAE  International  and  domestic  VHF. 
 136.975  MHz  I  MA,  FAE  International  and  domestic  VHF. 
 143.750  MHz  [Reserved] 
 143.900  MHz  [Reserved] 
 148.150  MHz  [Reserved] 
 156.300  MHz  F  MA  For  communications  with  ship  stations  under  specific  conditions. 


 *  *  * 
 960-  1215  MHz  F,  Q  MA,  RL,  RNV  Electronic  aids  to  air  navigation. 
 978.000  MHz  Q  RLT 
 979.000  MHz  Q  RLT 
 1030.  000  MHz  Q  RLT 
 1104.  000  MHz  Q  RLT 
 1300-  1350  MHz  F,  Q  MA,  RLS  Surveillance  radars  and  transponders. 
 1435-  1535  MHz  F,  J  MA,  FAT  Aeronautical  telemetry  and  telecommand  operations. 


 1559-  1610  MHz  Q  DGP  Differential  GPS. 
 1559-  1626.5  MHz  F,  Q  MA,  RL  Aeronautical  radionavigation. 
 1646.5-  1660.5  MHz  F  TJ  Aeronautical  Mobile-  Satellite  (R). 
 2310-  2390  MHz  J  MA,  FAT  Aeronautical  telemetry  and  telecommand  operations. 


 2700-  2900  MHz  Q  RLS,  RLD  Airport  surveillance  and  weather  radar. 
 4200-  4400  MHz  F  MA  Radio  altimeters. 
 5000-  5250  MHz  Q  MA,  RLW  Microwave  landing  systems. 
 5031.  000  MHz  Q  RLT 
 5350-  5470  MHz  F  MA  Airborne  radars  and  associated  airborne  beacons. 


 8750-  8850  MHz  F  MA  Airborne  doppler  radar. 
 9000-  9200  MHz  Q  RLS,  RLD  Land-  based  radar. 
 9300-  9500  MHz  F,  Q  MA  Airborne  radars  and  associated  airborne  beacons. 


 13250-  13400  MHz  F  MA  Airborne  doppler  radar. 
 14000-  14400  MHz  F,  Q  MA,  RL  Aeronautical  radionavigation. 
 15400-  15700  MHz  Q  RL  Aeronautical  radionavigation. 
 24750-  25050  MHz  F,  Q  MA,  RL  Aeronautical  radionavigation. 
 32300-  33400  MHz  F,  Q  MA,  RL  Aeronautical  radionavigation. 
66
 Federal  Communications  Commission  FCC  03-  238 
 A-  19 
 18.  Section  87.187  is  amended  by  revising  paragraph  (q)  and  adding  a  new  paragraph  (ee)  to  read  as  follows: 
   87.187  Frequencies. 
 *  *  *  *  * 
 (q)(  1)  The  frequencies  in  the  bands  1545.  000-  1559.000  MHz,  1610.000-  1626.500  MHz,  1646.500-  1660.500  MHz,  and  5000.000-  5150.000  MHz  are  authorized  for  use  by  the  Aeronautical  Mobile-  Satellite  (R) 
 Service.  The  use  of  the  bands  1544.000-  1545.000  MHz  (space-  to-  Earth)  and  1645.500-  1646.500  MHz  (Earth-  to-  space)  by  the  Mobile-  Satellite  Service  is  limited  to  distress  and  safety  operations.  In  the  frequency 
 bands  1549.  500-  1558.500  MHz,  1610.000-  1626.500  MHz  1651.  000-  1660.  000  MHz,  and  5000.000-  5150.000  MHz,  the  Aeronautical  Mobile-  Satellite  (R)  requirements  that  cannot  be  accommodated  in  the  1545.000-1549.5000 
 MHz,  1558.500-  1559.000  MHz,  1646.  500-  1651.000  MHz,  and  1660.000-  1660.  500  MHz  bands  shall  have  priority  access  with  real-  time  preemptive  capability  for  communications  in  the  Mobile-  Satellite 
 Service.  Systems  not  interoperable  with  the  Aeronautical  Mobile-  Satellite  (R)  Service  shall  operate  on  a  secondary  basis.  Account  shall  be  taken  of  the  priority  of  safety-  related  communications  in  the  Mobile-Satellite 
 Service. 
 (2)  In  the  frequency  bands  1549.5-  1558.  5  MHz,  1610-  1626.5  MHz,  1651-  1660  MHz  and  5000-  5150  MHz,  the  Aeronautical-  Mobile-  Satellite  (Route)  Service  requirements  that  cannot  be  accommodated  in  the 
 1545-  1549.5  MHz,  1558.5-  1559  MHz,  1646.5-  1651  MHz  and  1660-  1660.5  MHz  bands  shall  have  priority  access  with  real-  time  preemptive  capability  for  communications  in  the  mobile  satellite  service.  Systems  not 
 interoperable  with  the  Aeronautical  Mobile-  Satellite  (Route)  Service  shall  operate  on  a  secondary  basis.  Account  shall  be  taken  of  the  priority  of  safety-  related  communications  in  the  mobile-  satellite  service. 


 *  *  *  *  * 
 (ee)  The  frequency  121.95  MHz  is  authorized  for  air-  to-  ground  and  air-  to-  air  communications  for  aircraft  up  to  13000  feet  above  mean  sea  level  (AMSL)  within  the  area  bounded  by  the  following 
 coordinates  (all  coordinates  are  referenced  to  North  American  Datum  1983  (NAD83)): 
 32-  35-  00  N.  Lat.;  117-  12-  00  W.  Long. 
 32-  42-  00  N.  Lat.;  116-  56-  00  W.  Long. 
 32-  41-  00  N.  Lat.;  116-  41-  00  W.  Long. 
 32-  35-  00  N.  Lat.;  116-  38-  00  W.  Long. 
 32-  31-  00  N.  Lat.;  117-  11-  00  W.  Long. 


 19.  Section  87.  189  is  amended  by  revising  paragraph  (c)  to  read  as  follows: 
   87.189  Requirements  for  public  correspondence  equipment  and  operations. 
 *  *  *  *  * 
 (c)  A  continuous  watch  must  be  maintained  on  the  frequencies  used  for  safety  and  regularity  of  flight  while  public  correspondence  communications  are  being  handled.  For  aircraft  earth  stations,  this  requirement 
 is  satisfied  by  compliance  with  the  priority  and  preemptive  access  requirements  of    87.187(  q). 
 *  *  *  *  * 
67
 Federal  Communications  Commission  FCC  03-  238 
 A-  20 
 20.  Section  87.215  is  amended  by  redesignating  paragraphs  (c)  and  (d)  as  paragraphs  (f)  and  (g),  respectively,  and  by  adding  new  paragraphs  (c),  (d),  and  (e)  to  read  as  follows: 
   87.  215  Supplemental  Eligibility. 
 *  *  *  *  * 
 (c)  At  an  airport  where  only  one  unicom  may  be  licensed,  eligibility  for  new  unicom  licenses  is  restricted  to  State  or  local  government  entities,  and  to  nongovernmental  organizations  (NGOs)  that  are 
 authorized  to  apply  for  the  license  by  a  State  or  local  government  entity  whose  primary  mission  is  the  provision  of  public  safety  services.  All  applications  submitted  by  NGOs  must  be  accompanied  by  a  new, 
 written  certification  of  support  (for  the  NGO  applicant  to  operate  the  applied  for  station)  by  the  state  or  local  government  entity.  Applications  for  a  unicom  license  at  the  same  airport,  where  only  one  unicom  may  be 
 licensed,  that  are  filed  by  two  or  more  applicants  meeting  these  eligibility  criteria  must  be  resolved  through  settlement  or  technical  amendment. 


 (d)  At  an  airport  where  only  one  unicom  may  be  licensed,  the  license  may  be  assigned  or  transferred  only  to  an  entity  meeting  the  requirements  of  paragraph  (c)  of  this  section. 
 (e)  An  applicant  for  renewal  of  a  unicom  license  shall  be  granted  a  presumptive  renewal  expectancy  regardless  of  whether  the  applicant  is  eligible  for  a  new  unicom  license  under  paragraph  (c)  of  this  section. 
 Unless  the  renewal  expectancy  is  defeated,  applications  that  are  mutually  exclusive  with  the  renewal  application  will  not  be  accepted.  The  renewal  expectancy  may  be  defeated  only  upon  a  determination, 
 following  a  hearing  duly  designated  on  the  basis  of  a  petition  to  deny  or  on  the  Commissions  own  motion,  that  the  renewal  applicant  has  not  provided  substantial  service.  For  purposes  of  this  paragraph,  substantial 
 service  means  service  which  is  sound,  favorable,  and  substantially  above  a  level  of  mediocre  service  during  the  applicants  past  license  term.  If  the  renewal  expectancy  is  defeated,  the  renewal  application  will  be 
 dismissed  unless  the  renewal  applicant  is  eligible  for  a  new  unicom  license  pursuant  to  paragraph  (c)  of  this  section. 


 *  *  *  *  * 
 21.  Section  87.  217  is  amended  by  revising  paragraph  (a)  to  read  as  follows: 
   87.217  Frequencies. 
 (a)  Only  one  unicom  frequency  will  be  assigned  at  any  one  airport.  Applicants  must  request  a  particular  frequency,  which  will  be  taken  into  consideration  when  the  assignment  is  made.  The 
 frequencies  assignable  to  unicoms  are:  *  *  *  *  * 


 22.  Section  87.  421  is  amended  by  revising  paragraph  (c)  to  read  as  follows: 
   87.421  Frequencies. 
 *  *  *  *  * 
 (c)  Frequencies  in  the  band  121.600-  121.  925  MHz  are  available  to  control  towers  and  RCOs  for  general  air  traffic  control  communications.  The  antenna  heights  shall  be  restricted  to  the  minimum 
 necessary  to  achieve  the  required  coverage.  Channel  spacing  is  25  kHz. 
 *  *  *  *  * 
68
 Federal  Communications  Commission  FCC  03-  238 
 A-  21 
 16.  Section  87.475  is  amended  by  revising  paragraphs  (b)(  2)  and  (c)(  2)  to  read  as  follows: 
   87.475  Frequencies. 
 *  *  *  *  * 
 (b)  *  *  *  *  * 
 (2)  Radiobeacon  stations  enable  an  aircraft  station  to  determine  bearing  or  direction  in  relation  to  the  radiobeacon  station.  Radiobeacons  operate  in  the  bands  190-  285  kHz;  325-  435  kHz;  510-  525  kHz; 
 and  525-  535  kHz.  Radiobeacons  may  be  authorized,  primarily  for  off-  shore  use,  in  the  band  525-  535  kHz  on  a  non-  interference  basis  to  travelers  information  stations. 


 *  *  *  *  * 
 (c)  *  *  *  *  * 
 (2)  The  frequencies  available  for  assignment  to  radionavigation  land  test  stations  for  the  testing  of  airborne  receiving  equipment  are  108.000  and  108.050  MHz  for  VHF  omni-  range;  108.100  and  108.150 
 MHz  for  localizer;  334.550  and  334.700  MHz  for  glide  slope;  978  and  979  MHz  (X  channel)/  1104  MHz  (Y  channel)  for  DME;  1030  MHz  for  air  traffic  control  radar  beacon  transponders;  1090  MHz  for  Traffic 
 Alert  and  Collision  Avoidance  Systems  (TCAS);  and  5031.0  MHz  for  microwave  landing  systems.  Additionally,  the  frequencies  in  paragraph  (b)  of  this  section  may  be  assigned  to  radionavigation  land  test 
 stations  after  coordination  with  the  FAA.  The  following  conditions  apply: 
 *  *  *  *  * 
 17.  Subpart  R  is  reserved. 
 Subpart  R    [Reserved] 
 18.  Section  87.  529  is  amended  to  read  as  follows: 
   87.529  Frequencies. 
 Prior  to  submitting  an  application,  each  applicant  must  notify  the  applicable  FAA  Regional  Frequency  Management  Office.  Each  application  must  be  accompanied  by  a  statement  showing  the  name 
 of  the  FAA  Regional  Office  and  date  notified.  The  Commission  will  assign  the  frequency.  Normally,  frequencies  available  for  air  traffic  control  operations  set  forth  in  Subpart  E  will  be  assigned  to  an  AWOS, 
 ASOS,  or  to  an  ATIS.  When  a  licensee  has  entered  into  an  agreement  with  the  FAA  to  operate  the  same  station  as  both  an  AWOS  and  as  an  ATIS,  or  as  an  ASOS  and  an  ATIS,  the  same  frequency  will  be  used 
 in  both  modes  of  operation. 
69
 Federal  Communications  Commission  FCC  03-  238 
 A-  22 
 PART  95  PERSONAL  RADIO  SERVICES 
 19.  The  authority  citation  for  Part  95  continues  to  read  as  follows: 
 AUTHORITY:  Sections  4,  303,  48  Stat.  1066,  1082,  as  amended;  47  U.  S.  C.  154,  303. 
 20.  Section  95.  655  is  amended  by  revising  paragraph  (a)  to  read  as  follows: 
   95.655  Frequency  Capability 
 (a)  No  transmitter  will  be  certificated  for  use  in  the  CB  service  if  it  is  equipped  with  a  frequency  capability  not  listed  in    95.625,  and  no  transmitter  will  be  certificated  for  use  in  the  GMRS  if  it  is 
 equipped  with  a  frequency  capability  not  listed  in    95.621,  unless  such  transmitter  is  also  certificated  for  use  in  another  radio  service  for  which  the  frequency  is  authorized  and  for  which  certification  is  also 
 required.  (Transmitters  with  frequency  capability  for  the  Amateur  Radio  Services  and  Military  Affiliate  Radio  System  will  not  be  certificated.) 


 *  *  * 
 *  *  *  *  * 
70
 Federal  Communications  Commission  FCC  03-  238 
 B-  1 
 APPENDIX  B:  PROPOSED  RULES 
 Parts  2,  80,  and  87  of  title  47  of  the  Code  of  Federal  Regulations  are  proposed  to  be  amended  as  follows: 
 Part  2  of  title  47  of  the  Code  of  Federal  Regulations  is  proposed  to  be  amended  as  follows: 
 PART  2  --  FREQUENCY  ALLOCATIONS  AND  RADIO  TREATY  MATTERS;  GENERAL  RULES  AND  REGULATIONS 


 1.  The  authority  citation  for  Part  2  continues  to  read  as  follows: 
 AUTHORITY:  47  U.  S.  C.  154,  302a,  303,  and  336,  unless  otherwise  noted. 
 2.  Section  2.  106,  the  Table  of  Frequency  Allocations,  is  amended  as  follows: 
 a.  Revise  page  66. 
 b.  In  the  list  of  United  States  (US)  footnotes,  remove  footnote  US292. 
   2.106  Table  of  Frequency  Allocations. 
 The  revisions  and  additions  read  as  follows: 
 *  *  *  *  * 
71
 Federal 
 Communications 


 Commission 


 FCC 
 03- 
 238 


 B-  2 


 14-  14.25  FIXED- 
 SATELLITE 


 (Earth-  to- 
 space) 
 5.484A 
 5.506 
 5.457A 


 5.506B 
 5.457B 


 RADIONAVIGATION 
 5.504 
 Mobile-  satellite 
 (Earth-  to- 
 space) 
 5.504C 
 5.506A 


 Space 
 research 


 14-  14.2  Space 
 research 


 14-  14.2  FIXED- 
 SATELLITE  (Earth-  to-  space)  Mobile-  satellite  (Earth-  to-  space)  Space  research 


 Satellite  Communications 
 (25) 


 5.504A 
 5.505 
 14.25-  14.3  FIXED- 
 SATELLITE 


 (Earth-  to- 
 space) 
 5.484A 
 5.506 
 5.457A 


 5.457B 
 5.506B 


 RADIONAVIGATION 
 5.504 
 Mobile-  satellite 
 (Earth-  to- 
 space) 
 5.506A 
 5.508A 


 Space 
 research  5.504A  5.505  5.508 


 5.509 


 14.3-  14.4  FIXED  FIXED- 
 SATELLITE 


 (Earth- 
 to- 


 space) 
 5.484A 
 5.506 
 5.506B 


 5.457A 
 5.457B 
 MOBILE 


 except 
 aeronautical 


 mobile  Mobile- 
 satellite 


 (Earth-  to- 


 space) 
 5.506A 
 5.509A 


 Radionavigation- 


 satellite 
 5.504A 


 14.3-  14.4  FIXED- 
 SATELLITE 


 (Earth- 


 to-  space) 
 5.484A 
 5.506 


 5.457A 
 5.506B 
 Mobile-  satellite 


 (Earth-  to- 
 space) 
 5.506A  Radionavigation- 


 satellite 


 5.504A 


 14.3-  14.4  FIXED  FIXED- 
 SATELLITE 


 (Earth- 


 to-  space) 
 5.484A 
 5.506 


 5.457A 
 5.506B 
 MOBILE 


 except 
 aeronautical 


 mobile  Mobile- 
 satellite 


 (Earth-  to- 


 space) 
 5.506A 
 5.509A 


 Radionavigation- 


 satellite 
 5.504A 


 14.2-  14.4 
 14.2-  14.4  FIXED- 
 SATELLITE  (Earth-  to-  space)  Mobile-  satellite  (Earth-  to-  space)  Mobile  except  aeronautical  Mobile 


 Satellite  Communications 
 (25) 
 Fixed 
 Microwave 


 (101) 


 14.4-  14.47  FIXED  FIXED- 
 SATELLITE 


 (Earth-  to- 
 space) 
 5.457A 
 5.457B 
 5.484A 
 5.506 
 5.506B 


 MOBILE 
 except 
 aeronautical 


 mobile 


 Mobile-  satellite 
 (Earth-  to- 
 space) 
 5.506A 
 5.509A 


 Space 
 research 


 (space-  to- 


 Earth) 


 5.504A 


 14.4-  14.47  Fixed  Mobile 
 14.4-  14.47  FIXED- 
 SATELLITE  (Earth-  to-  space)  Mobile-  satellite  (Earth-  to-  space) 


 14.47-  14.5  FIXED  FIXED- 
 SATELLITE 


 (Earth-  to- 
 space) 
 5.457A 
 5.457B 
 5.484A 
 5.506 
 5.506B 


 MOBILE 
 except 
 aeronautical 


 mobile 


 Mobile-  satellite 
 (Earth-  to- 
 space) 
 5.504B 
 5.506A 
 5.509A 


 Radio 
 astronomy  5.149  5.504A 


 14.47-  14.5  Fixed  Mobile  US203 
 US342 


 14.47-  14.5  FIXED- 
 SATELLITE  (Earth-  to-  space)  Mobile-  satellite  (Earth-  to-  space)  US203  US342 


 Satellite  Communications 
 (25)  Page 
 66 
72
 Federal  Communications  Commission  FCC  03-  xxx 
 B-  3 
 Part  80  of  title  47  of  the  Code  of  Federal  Regulations  is  proposed  to  be  amended  as  follows: 
 PART  80  --  STATIONS  IN  THE  MARITIME  SERVICES 
 1.  The  authority  citation  for  Part  80  continues  to  read  as  follows: 
 AUTHORITY:  Secs.  4,  303,  307(  e),  309,  and  332,  48  Stat.  1066,  1082,  as  amended;  47  U.  S.  C.  154,  303,  307(  e),  309,  and  332,  unless  otherwise  noted.  Interpret  or  apply  48  Stat.  1064-  1068,  1081- 
 1105,  as  amended;  47  U.  S.  C.  151-  155,  301-  609;  3  UST  3450,  3  UST  4726,  12  UST  2377. 
 2.  Section  80.375  is  amended  by  removing  paragraph  (d)(  2)(  vi),  redesignating  paragraph  (d)(  2)(  vii)  as  paragraph  (d)(  2)(  vi),  and  revising  paragraph  (d)(  1)  to  read  as  follows: 


   80.375  Radiodetermination  frequencies. 
 *  *  *  *  * 
 (d)  Radiodetermination  frequency  bands  above  2400  MHz.  (1)  The  radiodetermination  frequency  bands  assignable  to  ship  and  shore  stations  including  ship  and  shore  radar  and  transponder  stations  are  as 
 follows:  2450-  2483.  5  MHz;  2900-  3100  MHz;  5460-  5650  MHz;  and  9300-  9500  MHz. 
73
 Federal  Communications  Commission  FCC  03-  238 
 B-  4 
 Part  87  of  title  47  of  the  Code  of  Federal  Regulations  is  proposed  to  be  amended  as  follows: 
 PART  87  AVIATION  SERVICES 


 1.  The  authority  citation  for  Part  87  continues  to  read  as  follows: 
 AUTHORITY:  48  Stat.  1066,  1082,  as  amended;  47  U.  S.  C.  154,  303,  307(  e)  unless  otherwise  noted.  Interpret  or  apply  48  Stat.  1064-  1068,  1081-  1105,  as  amended;  47  U.  S.  C.  151-  156,  301-  609. 


 2.  Section  87.107  is  amended  by  removing  paragraph  (a)(  2),  redesignating  paragraph  (a)(  3)  as  (a)(  2),  and  revising  paragraph  (a)(  2)  to  read  as  follows: 
   87.107  Station  identification. 
 (a)  *  *  * 
 (3)  The  type  of  aircraft  followed  by  the  characters  of  the  registration  marking  ("  N"  number)  of  the  aircraft,  omitting  the  prefix  letter  "N."  When  communication  is  initiated  by  a  ground  station,  an  aircraft 
 station  may  use  the  type  of  aircraft  followed  by  the  last  three  characters  of  the  registration  marking.  Notwithstanding  any  other  provision  of  this  section,  an  aircraft  being  moved  by  maintenance  personnel 
 from  one  location  in  an  airport  to  another  location  in  that  airport  may  be  identified  by  a  station  identification  consisting  of  the  name  of  the  company  owning  or  operating  the  aircraft,  followed  by  the 
 word  Maintenance  and  additional  alphanumeric  characters  of  the  licensees  choosing. 
 *  *  *  *  * 
 3.  Section  87.137  is  amended  by  revising  the  table  in  paragraph  (a)  to  read  as  follows: 
   87.137  Types  of  emission. 
 (a)*  *  *  Authorized  bandwidth  (kilohertz) 


 Class  of  emission  Emission  designator  Below  50 
 MHz  Above  50  MHz  Frequency  deviation 


 *  *  *  *  *  *  *  *  *  *  *  *  *  *  * 


 F1B  1  2K40F1B  2.5 
 F1D  18  1M70F1D  1800  kHz  312.5  kHz 
 F2D  5M0F2D  (9) 


 *  *  *  *  *  *  *  *  *  *  *  *  *  *  * 


 *  *  *  *  *  1  A1A,  F1B,  J2A  and  J2B  are  permitted  provided  they  do  not  cause  harmful  interference  to  H2B,  J3E,  J7B  and  J9W. 
 *  *  *  *  *  9  To  be  specified  on  license. 
 *  *  *  *  *  18  Authorized  only  for  Universal  Access  Transceiver  use  at  978  MHz. 
 *  *  *  *  * 
74
 Federal  Communications  Commission  FCC  03-  238 
 B-  5 
 4.  Section  87.139  is  amended  by  adding  paragraph  (l)  to  read  as  follows: 
   87.139  Emission  limitations. 
 *  *  *  *  * 
 (l)(  1)  For  Universal  Access  Transceiver  transmitters,  the  average  emissions  measured  in  a  100  kHz  bandwidth  must  be  attenuated  below  the  maximum  emission  level  by  at  least: 


 Frequency  (MHz)  Attenuation  (dB) 
 +/-  0.  5  0 
 +/-  1.  0  18 
 +/-  2.  25  50 
 +/-  3.  25  60 


 The  mask  shall  be  defined  by  drawing  straight  lines  through  the  above  points  on  log  semi-  paper. 
 (2)  Universal  Access  Transceiver  transmitters  with  an  output  power  of  5  Watts  or  more  must  limit  their  emissions  by  at  least  43  +  1-  log  (P)  dB  on  any  frequency  removed  from  the  assigned  frequency  by 
 more  than  250%  of  the  occupied  bandwidth.  Occupied  bandwidth  is  defined  as  99%  of  the  signal  power  measured  with  a  bandwidth  of  100  kHz.  P  in  the  above  equation  is  the  average  transmitter  power 
 measured  in  Watts. 
 (3)  Universal  Access  Transceiver  transmitters  with  less  than  5  Watts  of  output  power  must  limit  their  emissions  by  at  least  40  dB  relative  to  the  carrier  peak  on  any  frequency  removed  from  the  assigned 
 frequency  by  more  than  250%  of  the  occupied  bandwidth.  Occupied  bandwidth  is  defined  as  99%  of  the  signal  power  measured  with  a  bandwidth  of  100  kHz. 


 5.  Section  87.141  is  amended  by  adding  paragraph  (k)  to  read  as  follows: 
   87.141  Modulation  requirements. 
 (a)  *  *  * 
 (k)  Universal  Access  Transceiver  transmitters  must  use  F1D  modulation  without  phase  discontinuities. 


 *  *  *  *  * 
 6.  Section  87.  173  is  amended  by  revising  the  table  paragraph  (b)  to  read  as  follows: 
   87.173  Frequencies. 
 *  *  *  *  * 
 (b)  Frequency  table: 
75
 Federal  Communications  Commission  FCC  03-  238 
 B-  6 
 Frequency  or  frequency  band  Subpart  Class  of  station  Remarks 
 90-  110  kHz  Q  RL  LORAN  C. 
 190-  285  kHz  Q  RLB  Radiobeacons. 
 200-  285  kHz  O  FAC  Air  traffic  control. 
 325-  405  kHz  O  FAC  Air  traffic  control. 
 325-  435  kHz  Q  RLB  Radiobeacons. 
 410.0  kHz  F  MA  International  direction-  finding  for  use  outside  of  United  States 


 457.0  kHz  F  MA  Working  frequency  for  aircraft  on  over-  water  flights. 
 500.0  kHz  F  MA  International  calling  and  distress  frequency  for  ships  and  aircraft  on  over-  water  flights. 
 510-  535  kHz  Q  RLB  Radiobeacons. 
 2182.0  kHz  F  MA  International  distress  and  calling. 
 2371.0  kHz  [Reserved] 
 2374.0  kHz  [Reserved] 
 2648.  0  kHz  I  AX  Alaska  station. 
 2850.  0-  3025.0  kHz  I  MA,  FAE  International  HF. 


 2851.0  kHz  I,  J  MA,  FAE,  FAT  International  HF;  Flight  test. 
 2866.0  kHz  I  MA,  FAE  Domestic  HF  (Alaska). 
 2875.0  kHz  I  MA,  FAE  Domestic  HF. 
 2878.0  kHz  I  MA1,  FAE  Domestic  HF;  International  HF. 
 2911.0  kHz  I  MA,  FAE  Domestic  HF. 
 2956.0  kHz  I  MA,  FAE  Domestic  HF. 


 3004.0  kHz  I,  J  MA,  FAE,  FAT  International  HF;  Flight  test. 
 3019.0  kHz  I  MA1,  FAE  Domestic  HF;  International  HF. 
 3023.0  kHz  F,  M,  O  MA1,  FAR,  FAC  Search  and  rescue  communications. 


 3281.0  kHz  K  MA,  FAS  Lighter-  than-  air  craft  and  aeronautical  stations  serving  lighter-  than-  air  craft. 
 3400.0-  3500.0  kHz  I  MA,  FAE  International  HF. 
 3434.0  kHz  I  MA1,  FAE  Domestic  HF. 
 3443.0  kHz  J  MA,  FAT 
 3449.0  kHz  I  MA,  FAE  Domestic  HF. 
 3470.0  kHz  I  MA,  FAE  Domestic  HF;  International  HF.  4125.  0  kHz  F  MA  Distress  and  safety  with  ships  and 


 coast  stations.  4466.0  kHz  [Reserved] 
 4469.0  kHz  [Reserved] 
 4506.0  kHz  [Reserved] 
 4509.0  kHz  [Reserved] 
 4550.  0  kHz  I  AX  Gulf  of  Mexico. 
 4582.0  kHz  [Reserved] 
76
 Federal  Communications  Commission  FCC  03-  238 
 B-  7 
 4585.0  kHz  [Reserved] 
 4601.0  kHz  [Reserved] 
 4604.0  kHz  [Reserved] 
 4627.0  kHz  [Reserved] 
 4630.0  kHz  [Reserved] 
 4645.  0  kHz  I  AX  Alaska. 
 4650.  0-  4700.0  kHz  I  MA,  FAE  International  HF. 
 4672.  0  kHz  I  MA1,  FAE  Domestic  HF. 
 4947.  5  kHz  I  AX  Alaska. 
 5036.  0  kHz  I  AX  Gulf  of  Mexico. 
 5122.  5  kHz  I  AX  Alaska. 
 5167.  5  kHz  I  FA  Alaska  emergency. 
 5310.  0  kHz  I  AX  Alaska. 
 5451.  0  kHz  J  MA,  FAT  Flight  test. 
 5463.  0  kHz  I  MA1,  FAE  Domestic  HF. 
 5469.  0  kHz  J  MA,  FAT  Flight  test. 
 5472.  0  kHz  I  MA,  FAE  Domestic  HF. 
 5450.  0-  5680.0  kHz  I  MA,  FAE  International  HF. 
 5484.  0  kHz  I  MA,  FAE  Domestic  HF. 
 5490.  0  kHz  I  MA,  FAE  Domestic  HF. 
 5496.  0  kHz  I  MA,  FAE  Domestic  HF. 
 5508.  0  kHz  I  MA1,  FAE  Domestic  HF. 
 5571.  0  kHz  J  MA,  FAT  Flight  test. 
 5631.  0  kHz  I  MA,  FAE  Domestic  HF. 
 5680.  0  kHz  F,  M,  O  MA1,  FAC,  FAR  Search  and  rescue  communications. 


 5887.  5  kHz  I  AX  Alaska. 
 6525.  0-  6685.0  kHz  I  MA,  FAE  International  HF. 
 6550.  0  kHz  J  MA,  FAT  Flight  Test. 
 6580.  0  kHz  I  MA,  FAE  Domestic  HF. 
 6604.  0  kHz  I  MA,  FAE  Domestic  HF. 
 8015.  0  kHz  I  AX  Alaska. 
 8364.  0  kHz  F  MA  Search  and  rescue  communications. 
 8815.  0-  8965.0  kHz  I  MA,  FAE  International  HF. 
 8822.  0  kHz  J  MA,  FAT  Flight  Test. 
 8855.  0  kHz  I  MA,  FAE  Domestic  HF;  international  HF. 
 8876.  0  kHz  I  MA,  FAE  Domestic  HF. 
 10005.0-  10100.0  kHz  I  MA,  FAE  International  HF. 
 10045.0  kHz  J  MA,  FAT  Flight  Test. 
 10066.0  kHz  I  MA,  FAE  Domestic  HF;  international  HF. 
 11275.0-  11400.0  kHz  J  MA,  FAE  International  HF. 
 11288.0  kHz  J  MA,  FAT  Flight  Test. 
 11306.0  kHz  J  MA,  FAT  Flight  Test. 
 11357.0  kHz  I  MA,  FAE  Domestic  HF. 
77
 Federal  Communications  Commission  FCC  03-  238 
 B-  8 
 11363.0  kHz  I  MA,  FAE  Domestic  HF. 
 13260.0-  13360.0  kHz  I  MA,  FAE  International  HF. 
 13312.0  kHz  I,  J  MA,  FAE,  FAT  International  HF;  Flight  Test. 


 17900.0-  17970.0  kHz  I  MA,  FAE  International  HF 
 17964.0  kHz  J  MA,  FAT  Flight  Test. 
 21924.0-  22000.0  kHz  I  MA,  FAE  International  HF. 
 21931.0  kHz  J  MA,  FAT  Flight  Test. 
 72.020-  75.980  MHz  P  FA,  AXO  Operational  fixed;  20  kHz  spacing. 
 75.000  MHz  Q  RLA  Marker  beacon. 
 108.000  MHz  Q  RLT 
 108.000-  117.950  MHz  Q  RLO  VHF  omni-  range. 
 108.000-  117.975  MHz  Q  DGP  Differential  GPS. 
 108.050  MHz.  Q  RLT 
 108.100-  111.950  MHz  Q  RLL  ILS  Localizer. 
 108.100  MHz  Q  RLT 
 108.150  MHz  Q  RLT 
 118.000-  121.400  MHz  O  MA,  FAC,  FAW,  GCO, 


 RCO,  RPC 
 25  kHz  channel  spacing. 


 121.500  MHz  G,  H,  I,  J,  K,  M,  O  MA,  FAU,  FAE,  FAT, 
 FAS,  FAC,  FAM,  FAP 
 Emergency  and  distress. 


 121.600-  121.925  MHz  O,  L,  Q  MA,  FAC,  MOU,  RLT, 
 GCO,  RCO,  RPC 
 25  kHz  channel  spacing. 


 121.950  MHz  K  FAS 
 121.975  MHz  F  MA2,  FAW,  FAC,  MOU  Air  traffic  control  operations. 


 122.000  MHz  F  MA,  FAC,  MOU  Air  carrier  and  private  aircraft  enroute  flight  advisory  service  provided  by  FAA. 
 122.025  MHz  F  MA2,  FAW,  FAC,  MOU  Air  traffic  control  operations. 
 122.050  MHz  F  MA,  FAC,  MOU  Air  traffic  control  operations. 
 122.075  MHz  F  MA2,  FAW,  FAC,  MOU  Air  traffic  control  operations. 
 122.100  MHz  F,  O  MA,  FAC,  MOU  Air  traffic  control  operations. 
 122.125-  122.675  MHz  F  MA2,  FAC,  MOU  Air  traffic  control  operations;  25  kHz  spacing. 
 122.700  MHz  G,  L  MA,  FAU,  MOU  Unicom  at  airports  with  no  control  tower;  Aeronautical  utility  stations. 
 122.725  MHz  G,  L  MA,  FAU,  MOU  Unicom  at  airports  with  no  control  tower;  Aeronautical  utility  stations. 
 122.750  MHz  F  MA2  Private  fixed  wing  aircraft  air-  to-  air  communications. 
78
 Federal  Communications  Commission  FCC  03-  238 
 B-  9 
 122.775  MHz  K  MA,  FAS 
 122.800  MHz  G,  L  MA,  FAU,  MOU  Unicom  at  airports  with  no  control  tower;  Aeronautical  utility  stations. 


 122.825  MHz  I  MA,  FAE  Domestic  VHF. 
 122.850  MHz  H,  K  MA,  FAM,  FAS 


 122.875  MHz  I  MA,  FAE  Domestic  VHF. 
 122.900  MHz  F,  H,  L,  M  MA,  FAR,  FAM,  MOU 


 122.925  MHz  H  MA2,  FAM 
 122.950  MHz  G,  L  MA,  FAU,  MOU  Unicom  at  airports  with  no  control  tower;  Aeronautical  utility  stations. 


 122.975  MHz  G,  L  MA,  FAU,  MOU  Unicom  at  airports  with  no  control  tower;  Aeronautical  utility  stations. 
 123.000  MHz  G,  L  MA,  FAU,  MOU  Unicom  at  airports  with  no  control  tower;  Aeronautical  utility  stations. 
 123.025  MHz  F  MA2  Helicopter  air-  to-  air  communications;  Air  traffic  control  operations. 
 123.050  MHz  G,  L  MA,  FAU,  MOU  Unicom  at  airports  with  no  control  tower;  Aeronautical  utility  stations. 
 123.075  MHz  G,  L  MA,  FAU,  MOU  Unicom  at  airports  with  no  control  tower;  Aeronautical  utility  stations. 
 123.100  MHz  M,  O  MA,  FAC,  FAR 
 123.125  MHz  J  MA,  FAT  Itinerant. 
 123.150  MHz  J  MA,  FAT  Itinerant. 
 123.175  MHz  J  MA,  FAT  Itinerant. 
 123.200  MHz  J  MA,  FAT 
 123.225  MHz  J  MA,  FAT 
 123.250  MHz  J  MA,  FAT 
 123.275  MHz  J  MA,  FAT 
 123.300  MHz  K  MA,  FAS 
 123.325  MHz  J  MA,  FAT 
 123.350  MHz  J  MA,  FAT 
 123.375  MHz  J  MA,  FAT 
 123.400  MHz  J  MA,  FAT  Itinerant. 
 123.425  MHz  J  MA,  FAT 
 123.450  MHz  J  MA,  FAT 
 123.475  MHz  J  MA,  FAT 
 123.500  MHz  K  MA,  FAS 
 123.525  MHz  J  MA,  FAT 
 123.550  MHz  J  MA,  FAT 
 123.575  MHz  J  MA,  FAT 
 123.6-  128.  8  MHz  O  MA,  FAC,  FAW,  GCO, 


 RCO,  RPC 
 25  kHz  channel  spacing. 


 128.825-  132.000  MHz  I  MA,  FAE  Domestic  VHF;  25  kHz  channel  spacing. 
79
 Federal  Communications  Commission  FCC  03-  238 
 B-  10 
 132.025-  135.975  MHz  O  MA,  FAC,  FAW,  GCO, 
 RCO,  RPC 
 25  kHz  channel  spacing. 


 136.000-  136.400  MHz  O,  S  MA,  FAC,  FAW,  GCO, 
 RCO,  RPC 
 Air  traffic  control  operations;  25  kHz  channel  spacing. 


 136.425  MHz  O,  S  MA,  FAC,  FAW,  GCO, 
 RCO,  RPC 
 Air  traffic  control  operations. 


 136.450  MHz  O,  S  MA,  FAC,  FAW,  GCO, 
 RCO,  RPC 
 Air  traffic  control  operations. 


 136.475  MHz  O,  S  MA,  FAC,  FAW,  GCO, 
 RCO,  RPC 
 Air  traffic  control  operations. 


 136.500-  136.875  MHz  I  MA,  FAE  Domestic  VHF;  25  kHz  channel  spacing. 
 136.900  MHz  I  MA,  FAE  International  and  domestic  VHF. 
 136.925  MHz  I  MA,  FAE  International  and  domestic  VHF. 
 136.950  MHz  I  MA,  FAE  International  and  domestic  VHF. 
 136.975  MHz  I  MA,  FAE  International  and  domestic  VHF. 
 156.300  MHz  F  MA  For  communications  with  ship  stations  under  specific  conditions. 


 156.375  MHz  F  MA  For  communications  with  ship  stations  under  specific  conditions;  Not  authorized  in  New 
 Orleans  Vessel  traffic  service  area.  156.400  MHz  F  MA  For  communications  with  ship  stations  under 
 specific  conditions.  156.425  MHz  F  MA  For  communications  with  ship  stations  under 
 specific  conditions.  156.450  MHz  F  MA  For  communications  with  ship  stations  under 
 specific  conditions.  156.625  MHz  F  MA  For  communications  with  ship  stations  under 
 specific  conditions.  156.800  MHz  F  MA  Distress,  safety  and  calling  frequency;  For 
 communications  with  ship  stations  under  specific  conditions. 
 156.900  MHz  F  MA  For  communications  with  ship  stations  under  specific  conditions. 
 157.425  MHz  F  MA  For  communications  with  commercial  fishing  vessels  under  specific  conditions  except  in 
 Great  Lakes  and  St.  Lawrence  Seaway  Areas. 
 243.000  MHz  F  MA  Emergency  and  distress  frequency  for  use  of  survival  craft  and  emergency  locator 
 transmitters.  328.600-  335.400  MHz  Q  RLG  ILS  glide  path. 


 334.550  MHz  Q  RLT 
 334.700  MHz  Q  RLT 
 406.025  MHz  F,  G,  H,  I,  J,  K, 


 M,  O 
 MA,  FAU,  FAE,  FAT, 
 FAS,  FAC, 
 Emergency  and  distress. 
80
 Federal  Communications  Commission  FCC  03-  238 
 B-  11 
 FAM,  FAP 
 960-  1215  MHz  F,  Q  MA,  RL,  RNV  Electronic  aids  to  air  navigation. 
 978.000  MHz  Q  RLT 
 979.000  MHz  Q  RLT 
 1030.  000  MHz  Q  RLT 
 1104.  000  MHz  Q  RLT 
 1300-  1350  MHz  F,  Q  MA,  RLS  Surveillance  radars  and  transponders. 
 1435-  1535  MHz  F,  J  MA,  FAT  Aeronautical  telemetry  and  telecommand  operations. 


 1559-  1610  MHz  Q  DGP  Differential  GPS. 
 1559-  1626.5  MHz  F,  Q  MA,  RL  Aeronautical  radionavigation. 
 1646.5-  1660.5  MHz  F  TJ  Aeronautical  Mobile-  Satellite  (R). 
 2310-  2390  MHz  J  MA,  FAT  Aeronautical  telemetry  and  telecommand  operations. 


 2700-  2900  MHz  Q  RLS,  RLD  Airport  surveillance  and  weather  radar. 
 4200-  4400  MHz  F  MA  Radio  altimeters. 
 5000-  5250  MHz  Q  MA,  RLW  Microwave  landing  systems. 
 5031.  000  MHz  Q  RLT 
 5350-  5470  MHz  F  MA  Airborne  radars  and  associated  airborne  beacons. 


 8750-  8850  MHz  F  MA  Airborne  doppler  radar. 
 9000-  9200  MHz  Q  RLS,  RLD  Land-  based  radar. 
 9300-  9500  MHz  F,  Q  MA  Airborne  radars  and  associated  airborne  beacons. 


 13250-  13400  MHz  F  MA  Airborne  doppler  radar. 
 15400-  15700  MHz  Q  RL  Aeronautical  radionavigation. 
 24750-  25050  MHz  F,  Q  MA,  RL  Aeronautical  radionavigation. 
 32300-  33400  MHz  F,  Q  MA,  RL  Aeronautical  radionavigation. 
81
 Federal  Communications  Commission  FCC  03-  238 
 B-  12 
 7.  Section  87.187  is  amended  by  revising  paragraph  x  and  adding  paragraph  (ff)  to  read  as  follows: 
   87.187  Frequencies. 
 *  *  * 
 (x)  The  frequency  bands  24250-  24450  MH,  24650-  24750  MHz  and  32300-  33400  MHz  are  available  for  airborne  radionavigation  devices. 


 *  *  * 
 (ff)  The  frequency  978  MHz  is  authorized  for  Universal  Access  Transceiver  data  transmission. 
 *  *  *  *  * 
 8.  Section  87.263  is  amended  by  revising  paragraphs  (d)  and  (e)  and  adding  paragraph  (g)  to  read  as  follows: 


   87.263  Frequencies. 
 (a)  *  *  * 
 (d)  International  HF  Service.  High  frequencies  for  enroute  stations  serving  international  flight  operations  on  the  Major  World  Air  Route  Areas  (MWARA's),  as  defined  in  the  international  Radio 
 Regulations  and  the  ICAO  Assignment  Plan,  may  be  authorized  in  accordance  with  Appendix  S27  to  the  Radio  Regulations. 


 (e)  Long  distance  operational  control.  Long  distance  operational  control  frequencies  provide  communications  between  aeronautical  enroute  stations  and  aircraft  stations  anywhere  in  the  world  for 
 control  of  the  regularity  and  efficiency  of  flight  and  safety  of  aircraft.  World-  wide  frequencies  are  not  assigned  by  administrations  for  MWARA  and  Regional  and  Domestic  Air  Route  Area  (RDARA).  Long 
 distance  operational  control  frequencies  will  may  be  authorized  in  accordance  with  Appendix  S27  of  the  international  Radio  Regulations. 


 *  *  * 
 (g)  The  frequency  978  MHz  is  authorized  for  Universal  Access  Transceiver  data  transmission. 
 *  *  *  *  * 
 9.  Section  87.345  is  amended  by  adding  paragraph  (f)  to  read  as  follows: 
   87.345  Scope  of  service. 
 *  *  * 
 (f)  Transmissions  by  aeronautical  utility  mobile  stations  for  Universal  Access  Transceiver  service  are  authorized. 


 *  *  *  *  * 
82
 Federal  Communications  Commission  FCC  03-  238 
 B-  13 
 10.  Section  87.349  is  amended  by  adding  paragraph  (e)  to  read  as  follows: 
   87.349  Frequencies. 
 (a)  *  *  * 
 (e)  The  frequency  978.0  MHz  is  authorized  for  Universal  Access  Transceiver  data  transmission. 
 *  *  *  *  * 
 11.  Section  87.375  is  amended  by  adding  paragraph  (e)  to  read  as  follows: 
   87.375  Frequencies. 
 (a)  *  *  * 
 (e)  The  frequency  978.0  MHz  is  authorized  for  Universal  Access  Transceiver  data  transmission. 
 *  *  *  *  * 
 12.  Section  87.417  is  amended  by  adding  paragraph  (c)  to  read  as  follows: 
   87.417  Scope  of  service. 
 (a)  *  *  * 
 (c)  The  frequency  978.0  MHz  is  authorized  for  Universal  Access  Transceiver  data  transmission. 
 *  *  *  *  * 
 13.  Section  87.  421  is  amended  by  revising  paragraph  (c)  to  read  as  follows: 
   87.421  Frequencies. 
 *  *  * 
 (c)  Frequencies  in  the  bands  118.000-  121.  400  MHz,  121.600-  121.925  MHz,  123.  600-  128.800  MHz,  and  132.025-  135.  975  MHz  are  available  to  control  towers  and  RCOs  for  communications  with 
 ground  vehicles  and  aircraft  on  the  ground.  The  antenna  heights  shall  be  restricted  to  the  minimum  necessary  to  achieve  the  required  coverage.  Channel  spacing  is  25  kHz 


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


   87.475  Frequencies. 
 (a)  *  *  * 
 (b)  *  *  * 
 (9)  978.0  MHz  is  authorized  for  Universal  Access  Transceiver  service. 
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 (c)  Frequencies  available  for  radionavigation  land  test  stations.  (1)  The  frequencies  set  forth  in    87.187(  c),  (e)  through  (j),  (r),  (t),  and  (ff)  and    87.  475(  b)  (6)  through  (10),  and  (12)  may  be  assigned  to 
 radionavigation  land  test  stations  for  the  testing  of  aircraft  transmitting  equipment  that  normally  operate  on  these  frequencies  and  for  the  testing  of  land-  based  receiving  equipment  that  operate  with  airborne 
 radionavigation  equipment. 
 (2)  The  frequencies  available  for  assignment  to  radionavigation  land  test  stations  for  the  testing  of  airborne  receiving  equipment  are  108.000  and  108.050  MHz  for  VHF  omni-  range;  108.100  and  108.150 
 MHz  for  localizer;  334.550  and  334.700  MHz  for  glide  slope;  978  and  979  MHz  (X  channel)/  1104  MHz  (Y  channel)  for  DME;  978  MHz  for  Universal  Access  Transceiver;  1030  MHz  for  air  traffic  control  radar 
 beacon  transponders;  and  5031.0  MHz  for  microwave  landing  systems.  Additionally,  the  frequencies  in  paragraph  (b)  of  this  section  may  be  assigned  to  radionavigation  land  test  stations  after  coordination  with 
 the  FAA.  The  following  conditions  apply: 
 (i)  The  maximum  power  authorized  on  the  frequencies  108.150  and  334.550  MHz  is  1  milliwatt.  The  maximum  power  authorized  on  all  other  frequencies  is  one  watt. 


 (ii)  The  pulse  repetition  rate  (PRR)  of  the  1030  MHz  ATC  radar  beacon  test  set  will  be  235  pulses  per  second  (pps)  5pps. 
 (iii)  The  assignment  of  108.000  MHz  is  subject  to  the  condition  that  no  interference  will  be  caused  to  the  reception  of  FM  broadcasting  stations  and  stations  using  the  frequency  are  not  protected 
 against  interference  from  FM  broadcasting  stations. 
 *  *  * 
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 APPENDIX  C 
 Parties  Submitting  Comments  and  Reply  Comments  in  WT  Docket  No.  01-  289 
 Comments 
 ARINC  and  Air  Transport  Association  of  America  (ARINC/  ATA)  Association  of  Federal  Communications  Consulting  Engineers  (AFCCE) 
 The  Boeing  Company  (Boeing)  Federal  Aviation  Administration  (FAA) 
 Hammett  &  Edison,  Inc.  (Hammett  &  Edison)  Honeywell  International,  Inc.  (Honeywell) 
 Rockwell  Collins,  Inc.  (Rockwell  Collins)  Socit  Internationale  de  Tlcommunications  Aronautiques  (SITA) 
 UPS  Aviation  Technologies,  Inc.  (UPS) 
 Reply  Comments 
 ARINC/  ATA  Boeing 
 FAA  Globalstar  L.  P.  (Globalstar) 
 Inmarsat  Ltd.  (Inmarsat)  Rockwell  Collins 
 SITA 
 Ex  parte  presentations 
 Boeing  Rockwell  Collins 
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 APPENDIX  D 
 INITIAL  REGULATORY  FLEXIBILITY  ANALYSIS 
 As  required  by  the  Regulatory  Flexibility  Act  (RFA),  354  the  Commission  has  prepared  this  Initial  Regulatory  Flexibility  Analysis  (IRFA)  of  the  possible  significant  economic  impact  on  small  entities  of  the 
 policies  and  rules  proposed  in  the  Further  Notice  of  Proposed  Rule  Making  in  WT  Docket  No.  01-  289  (Further  Notice).  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  Further  Notice  as  provided  in  paragraph  100  of  the  item,  supra.  The  Commission  will  send  a  copy  of  the  Further  Notice,  including  this 
 IRFA,  to  the  Chief  Counsel  for  Advocacy  of  the  Small  Business  Administration.  355  In  addition,  the  Further  Notice  and  IRFA  (or  summaries  thereof)  will  be  published  in  the  Federal  Register.  356 


 A.  Need  for,  and  Objectives  of,  the  Proposed  Rules: 
 The  proposed  rules  in  the  Further  Notice  are  intended  to  further  streamline,  consolidate  and  clarify  the  Commissions  Part  87  Rules;  remove  unnecessary  or  duplicative  requirements;  address  new 
 international  requirements;  and  promote  flexibility  and  efficiency  in  the  use  of  aviation  radio  equipment  in  a  manner  that  will  further  aviation  safety.  In  the  Further  Notice,  we  request  comment  specifically  on 
 whether  we  should:  (1)  accommodate  use  of  Universal  Access  Transceiver  technology  on  the  frequency  978  MHz;  (2)  eliminate  all  requirements  specific  to  data  rates  and  modulation  types  to  accommodate  new 
 technologies,  such  as  Inmarsats  new  64  kbps  service;  (3)  enable  the  use  of  non-  geostationary  satellite  networks  for  AMS(  R)  S;  (4)  broaden  the  AMS(  R)  S  regulations  to  take  account  of  satellite  systems  other 
 than  Inmarsats;  (5)  adopt  additional  technical  requirements  for  AMS(  R)  S;  (6)  authorize  use  of  the  1990-  2025  MHz  band  for  AMS(  R)  S;  (7)  identify  new  uses  for  the  frequencies  formerly  reserved  for  the  Civil 
 Air  Patrol;  (8)  remove  the  radionavigation  allocation  at  14000-  14400  MHz;  (9)  streamline  the  listing  of  HF  band  frequencies  in  Part  87  frequency  tables;  (10)  expand  the  availability  of  air  traffic  control 
 spectrum  for  ground  control  communications;  (11)  codify  the  terms  of  a  waiver  that  has  permitted  the  certification  of  a  back-  up  safety  device  designed  to  supplement  conventional  121.  5  MHz  Emergency 
 Locator  Transmitters  (ELTs);  and  (12)  codify  the  terms  of  a  waiver  that  authorizes  a  special  station  identification  format  to  be  used  only  by  aircraft  being  operated  by  maintenance  personnel  from  one 
 location  in  an  airport  to  another  location  in  an  airport. 
 B.  Legal  Basis: 
 Authority  for  issuance  of  this  item  is  contained  in  Sections  4(  i),  303(  r),  and  403  of  the  Communications  Act  of  1934,  as  amended,  47  U.  S.  C.    154(  i),  303(  r)  and  403. 


 C.  Description  and  Estimate  of  the  Number  of  Small  Entities  to  Which  the  Proposed  Rules  Will  Apply: 
 Under  the  RFA,  small  entities  may  include  small  organizations,  small  businesses,  and  small  governmental  jurisdictions,  or  entities.  357  The  RFA  directs  agencies  to  provide  a  description  of  and, 
 354  See  5  U.  S.  C.    603.  The  RFA,  see  5  U.  S.  C.    601  et.  seq.,  has  been  amended  by  the  Contract  With  America 
 Advancement  Act  of  1996,  Pub.  L.  No.  104-  121,  110  Stat.  847  (1996)  (CWAAA).  Title  II  of  the  CWAAA  is  the  Small  Business  Regulatory  Enforcement  Fairness  Act  of  1996  (SBREFA). 


 355  See  5  U.  S.  C.    603(  a). 
 356  Id. 
 357  5  U.  S.  C.    601(  6). 
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 where  feasible,  an  estimate  of  the  number  of  small  entities  that  may  be  affected  by  the  proposed  rules,  if  adopted.  358  The  RFA  generally  defines  the  term  small  entity  as  having  the  same  meaning  as  the  terms 
 small  business,  small  organization,  and  small  governmental  jurisdiction.  359  In  addition,  the  term  small  business  has  the  same  meaning  as  the  term  small  business  concern  under  the  Small  Business 
 Act.  360  A  small  business  concern  is  one  that:  (1)  is  independently  owned  and  operated;  (2)  is  not  dominant  in  its  field  of  operation;  and  (3)  satisfies  any  additional  criteria  established  by  the  SBA.  361 
 Pursuant  to  5  U.  S.  C.    601(  3),  the  statutory  definition  of  a  small  business  applies  unless  an  agency  after  consultation  with  the  Office  of  Advocacy  of  the  SBA,  and  after  opportunity  for  public  comment, 
 establishes  one  or  more  definitions  of  such  term  which  are  appropriate  to  the  activities  of  the  agency  and  publishes  such  definition(  s)  in  the  Federal  Register. 


 Small  businesses  in  the  aviation  and  marine  radio  services  use  a  marine  very  high  frequency  (VHF)  radio,  any  type  of  emergency  position  indicating  radio  beacon  (EPIRB)  and/  or  radar,  a  VHF 
 aircraft  radio,  and/  or  any  type  of  emergency  locator  transmitter  (ELT).  The  Commission  has  not  developed  a  definition  of  small  entities  specifically  applicable  to  these  small  businesses.  For  purposes  of 
 this  IRFA,  therefore,  the  applicable  definition  of  a  small  entity  is  that  under  SBA  rules  applicable  to  Cellular  and  Other  Wireless  Telecommunications.  This  definition  provides  that  a  small  entity  for 
 purposes  of  public  coast  station  licensees,  a  subgroup  of  marine  radio  users,  consists  of  all  such  firms  having  1,500  or  fewer  employees.  362  According  to  Census  bureau  data  for  1997,  there  were  977  firms, 
 total,  in  the  category  of  Cellular  and  other  Wireless  Telecommunications,  that  operated  for  the  entire  year.  363  Of  this  total,  965  firms  had  employment  of  999  or  fewer  employees,  and  an  additional  12  firms 
 had  employment  of  1,000  employees  or  more.  364  Thus  under  this  size  standard,  the  majority  of  firms  can  be  considered  small. 


 The  proposed  amendments  may  also  affect  small  businesses  that  manufacture  aviation  radio  equipment.  The  Commission  has  not  developed  a  definition  of  small  entities  applicable  specifically  to  Radio 
 Frequency  Equipment  Manufacturers  (RF  Manufacturers).  Therefore,  the  applicable  definition  of  a  small  entity  is  the  definition  under  SBA  rules  for  manufacturers  of  Radio  and  Television  Broadcasting  and 
 Wireless  Communications  Equipment.  This  NAICS  category,  however,  is  broad,  and  specific  figures  are  not  available  as  to  how  many  of  these  establishments  manufacture  RF  equipment  for  aviation  use. 
 Under  the  SBA's  regulations,  a  radio  and  television  broadcasting  and  wireless  communications  equipment  manufacturer  must  have  750  or  fewer  employees  in  order  to  qualify  as  a  small  business  concern.  365 
 Census  Bureau  data  indicates  that  there  are  1,215  U.  S.  establishments  that  manufacture  radio  and  television  broadcasting  and  wireless  communications  equipment,  and  that  1,150  of  these  establishments 
 have  fewer  than  500  employees  and  would  be  classified  as  small  entities.  366  The  remaining  65 
 358  5  U.  S.  C.    603(  b)(  3). 
 359  Id. 
 360  5  U.  S.  C.    601(  3). 
 361  5  U.  S.  C.    632. 
 362  13  C.  F.  R.    121.  201,  NAICS  code  513322  (changed  to  517212  in  Oct  2002). 
 363  U.  S.  Census  Bureau,  1997  Economic  Census,  Subject  Series:  Information,  Establishment  and  Firm  Size 
 (Including  Legal  Form  of  Organization),  Table  5,  NAICS  code  513322  (issued  Oct.  2000).  364 
 Id.  The  census  data  do  not  provide  a  more  precise  estimate  of  the  number  of  firms  that  have  employment  of  1,500  or  fewer  employees;  the  largest  category  provided  is  Firms  with  1,000  employees  or  more. 


 365  13  C.  F.  R.    121.  201,  NAICS  code  334220. 
 366  Economics  and  Statistics  Administration,  Bureau  of  Census,  U.  S.  Department  of  Commerce,  1997  Economic 
 Census,  Industry  Series    Manufacturing,  Radio  and  Television  Broadcasting  and  Wireless  Communications  Equipment  Manufacturing,  Table  4  at  9  (1999).  The  amount  of  500  employees  was  used  to  estimate  the  number  of 


 (continued....) 
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 establishments  have  500  or  more  employees;  however,  we  are  unable  to  determine  how  many  of  those  have  fewer  than  750  employees  and  therefore,  also  qualify  as  small  entities  under  the  SBA  definition.  We 
 therefore  conclude  that  there  are  no  more  than  1,150  small  manufacturers  of  radio  and  television  broadcasting  and  wireless  communications  equipment. 


 D.  Description  of  Projected  Reporting,  Recordkeeping,  and  Other  Compliance  Requirements: 
 The  Further  Notice  seeks  comment  on  a  number  of  possible  rule  changes  that  may  affect  reporting,  recordkeeping  and  other  compliance  requirements.  However,  we  believe  that,  with  the  exception  of 
 possible  rule  changes  imposing  additional  technical  requirements  for  certain  aircraft  earth  stations,  all  of  the  possible  rule  changes  discussed  in  the  Further  Notice  are  deregulatory  in  the  sense  that  they  do  not  impose 
 new  requirements  on  licensees  or  equipment  manufacturers,  but  instead  enhance  the  ability  of  licensees  and  manufacturers  to  provide  and  use  new  services  and  equipment  on  a  permissive  basis,  and  therefore  will 
 benefit  small  entities  as  well  as  the  aviation  community  as  a  whole. 
 We  invite  comment  on  our  tentative  conclusion  that  the  following  possible  rule  changes  will  not  have  a  negative  impact  on  small  entities,  or  for  that  matter  any  entities,  because  they  would  facilitate  flexible 
 use  of  the  spectrum  by  licensees  and/  or  design  flexibility  for  manufacturers  of  avionics  equipment,  and  do  not  impose  new  compliance  costs  on  any  entity:  (1)  accommodating  use  of  Universal  Access  Transceiver 
 technology  on  the  frequency  978  MHz;  (2)  eliminating  all  requirements  specific  to  data  rates  and  modulation  types;  (3)  enabling  the  use  of  non-  geostationary  satellite  networks  for  AMS(  R)  S;  (4) 
 broadening  the  AMS(  R)  S  regulations  to  take  account  of  satellite  systems  other  than  Inmarsats;  (5)  authorizing  use  of  the  1990-  2025  MHz  band  for  AMS(  R)  S;  (6)  reallocating  the  frequencies  formerly 
 reserved  for  the  Civil  Air  Patrol;  (7)  removing  the  radionavigation  allocation  at  14000-  14400  MHz;  (8)  streamlining  the  listing  of  HF  band  frequencies  in  Part  87  frequency  tables;  (9)  expanding  the  number  of 
 air  traffic  control  frequencies  available  for  ground  control  communications;  (10)  permitting  certification  of  back-  up  safety  devices  designed  to  supplement  conventional  121.5  MHz  Emergency  Locator 
 Transmitters  (ELTs);  and  (11)  authorizing  a  special  station  identification  format  to  be  used  by  aircraft  that  are  being  operated  by  maintenance  personnel  from  one  location  in  an  airport  to  another  location  in  an 
 airport.  To  the  extent  that  commenters  believe  that  any  of  the  above  possible  rule  changes  would  impose  a  new  reporting,  recordkeeping,  or  compliance  burden  on  small  entities,  we  ask  that  they  describe  the 
 nature  of  that  burden  in  some  detail  and,  if  possible,  quantify  the  costs  to  small  entities. 
 We  tentatively  conclude  that  any  compliance  burden  stemming  from  new  technical  requirements  for  aircraft  earth  stations  used  in  the  provision  of  AMS(  R)  S  will  fall  not  on  small  entities  but  on  large  entities, 
 such  as  mobile  satellite  system  operators,  airlines,  and  large  manufacturers.  We  invite  comment  on  this  tentative  conclusion.  Commenters  should  identify  with  particularity  those  small  entities  that  may  be 
 affected  by  these  requirements,  and,  if  possible,  quantify  the  costs  of  any  such  requirements. 
 E.  Steps  Taken  to  Minimize  Significant  Economic  Impact  on  Small  Entities  and  Significant  Alternatives  Considered: 


 The  RFA  requires  an  agency  to  describe  any  significant  alternatives  that  it  has  considered  in  reaching  its  proposed  approach,  which  may  include  the  following  four  alternatives:  (1)  the  establishment 
 of  differing  compliance  or  reporting  requirements  or  timetables  that  take  into  account  the  resources  available  to  small  entities;  (2)  the  clarification,  consolidation,  or  simplification  of  compliance  or  reporting 


 (...  continued  from  previous  page)  small  business  firms  because  the  relevant  Census  categories  stopped  at  499  employees  and  began  at  500  employees. 
 No  category  for  750  employees  existed.  Thus,  the  number  is  as  accurate  as  it  is  possible  to  calculate  with  the  available  information. 
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 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. 
 We  hereby  request  comment  on  whether  we  can  employ  any  of  the  above  approaches  to  lessen  compliance  burdens  on  small  entities  if  we  adopt  new  technical  requirements  for  aircraft  earth  stations. 
 To  the  extent  commenters  believe  that  other  of  the  discussed  rule  changes  would  also  impose  a  compliance  burden  on  small  entities,  we  ask  that  they  address  whether  any  of  the  above  approaches  to 
 reduce  that  burden  is  appropriate. 
 We  hereby  invite  interested  parties  to  address  any  or  all  of  these  regulatory  alternatives  and  to  suggest  additional  alternatives  to  minimize  any  significant  economic  impact  on  small  entities.  Any 
 significant  alternative  presented  in  the  comments  will  be  considered. 
 F.  Federal  Rules  that  May  Duplicate,  Overlap,  or  Conflict  with  the  Proposed  Rules: 
 None. 
89