[Federal Register Volume 76, Number 60 (Tuesday, March 29, 2011)]
[Rules and Regulations]
[Pages 17347-17353]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-4003]


=======================================================================
-----------------------------------------------------------------------

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 1, 2 and 87

[WT Docket No. 01-289; FCC 10-103]


Aviation Communications

AGENCY: Federal Communications Commission.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: In this document, the Federal Communications Commission 
(Commission or FCC) addresses a number of important issues pertaining 
to the Aviation Radio Services, amending its rules in the interest of 
accommodating the communications needs of the aviation community to the 
greatest possible extent, and ensuring that aeronautical spectrum is 
used efficiently to enhance the safety of flight.

DATES: Effective May 31, 2011.

FOR FURTHER INFORMATION CONTACT: Jeffrey Tobias, <a href="/cdn-cgi/l/email-protection#91dbf4f7f7bfc5fef3f8f0e2d1d7d2d2bff6fee7"><span class="__cf_email__" data-cfemail="5e143b3838700a313c373f2d1e181d1d70393128">[email protected]</span></a>, 
Mobility Division, Wireless Telecommunications Bureau, (202) 418-1617, 
or TTY (202) 418-7233.

SUPPLEMENTARY INFORMATION: This is a summary of the Federal 
Communications Commission's Third Report and Order (Third R&O), in WT 
Docket No. 01-289, FCC 10-103, adopted on June 1, 2010, and released on 
June 15, 2010. Contemporaneous with this document, the Commission 
issues an Order that stays a rule that was adopted in the Third R&O 
(published elsewhere in this publication). The full text of this 
document is available for inspection and copying during normal business 
hours in the FCC Reference Center, 445 12th Street, SW., Washington, DC 
20554. The complete text may be purchased from the Commission's copy 
contractor, Best Copy and Printing, Inc., 445 12th Street, SW., Room 
CY-B402,

[[Page 17348]]

Washington, DC 20554. The full text may also be downloaded at: http://www.fcc.gov. Alternative formats are available to persons with 
disabilities by sending an e-mail to <a href="/cdn-cgi/l/email-protection#05636666303531456366662b626a73"><span class="__cf_email__" data-cfemail="bcdadfdf898c88fcdadfdf92dbd3ca">[email protected]</span></a> or by calling the 
Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-
418-0432 (tty).
    1. The Third Report and Order addresses issues raised in the Second 
Further Notice of Proposed Rule Making (Second FNPRM) in this WT Docket 
No. 01-289 proceeding. The Commission takes the following significant 
actions in the Third R&O: (i) Deletes the secondary allocation of the 
117.975-136 MHz aeronautical frequency band for Aeronautical Mobile 
Satellite (Route) Service (AMS(R)S); (ii) permits the use of 8.33 kHz 
channel spacing in the aeronautical enroute service and by flight test 
stations; (iii) removes one of the four frequencies designated for 
Flight Information Services--Broadcast (FIS-B); (iv) permits the use of 
specified frequencies for air-to-air communications in Hawaii; (v) 
permits the use of specified frequencies for air-to-air communications 
in the Los Angeles area; (vi) clarifies the applicability of the one-
unicom-per-airport rule; and (vii) permits the filing of applications 
to assign or transfer control of aircraft station licenses. In addition 
in this Third R&O, the Commission adopts a rule prohibiting the 
certification, manufacture, importation, sale, or continued use of 
121.5 MHz emergency locator transmitters (ELTs) other than the 
Breitling Emergency Watch ELT, but, in a separate order, the Commission 
stays the effective date of this rule indefinitely.

I. Procedural Matters

A. Paperwork Reduction Act Analysis

    2. The Third R&O does not contain any new or modified information 
collection requirements subject to the Paperwork Reduction Act of 1995 
(PRA), Public Law 104-13. Neither, does it contain any new or modified 
``information collection burden for small business concerns with fewer 
than 25 employees,'' pursuant to the Small Business Paperwork Relief 
Act of 2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4).

B. Report to Congress

    3. The Commission will send a copy of this Third R&O in a report to 
Congress and the Government Accountability Office pursuant to the 
Congressional Review Act, see 5 U.S.C. 801(a)(1)(A).

C. Final Regulatory Flexibility Analysis

    4. As required by the Regulatory Flexibility Act of 1980, as 
amended (RFA), an Initial Regulatory Flexibility Analysis (IRFA) was 
incorporated in the Second FNPRM in this proceeding. The Commission 
sought written public comment on the proposals in the Second FNPRM, 
including comment on the IRFA. This present Final Regulatory 
Flexibility Analysis (FRFA) conforms to the RFA.
Need for, and Objectives of, the Third Report and Order
    5. The rules adopted in the Third R&O are intended to ensure that 
the Commission's part 87 rules governing the Aviation Radio Service 
remain up-to-date and continue to further the Commission's goals of 
accommodating new technologies, facilitating the efficient and 
effective use of the aeronautical spectrum, avoiding unnecessary 
regulation, and, above all, enhancing the safety of flight. 
Specifically, in the Third R&O, the Commission (a) deletes the 
secondary allocation of the 117.975-136 MHz aeronautical frequency band 
for Aeronautical Mobile Satellite (Route) Service (AMS(R)S); (b) 
permits the use of 8.33 kHz channel spacing in the aeronautical enroute 
service and by flight test stations; (c) removes one of the four 
frequencies designated for Flight Information Services--Broadcast (FIS-
B); (d) permits the use of specified frequencies for air-to-air 
communications in Hawaii; (e) permits the use of specified frequencies 
for air-to-air communications in the Los Angeles area; (f) clarifies 
the applicability on the one-unicom-per-airport rule; (g) permits the 
filing of applications to assign or transfer aircraft station licenses; 
and (h) prohibits the certification, manufacture, importation, sale, or 
continued use of 121.5 MHz emergency locator transmitters (ELTs) other 
than the Breitling Emergency Watch ELT. In a separate order, the 
Commission stays the effective date of the rule prohibiting the 
certification, manufacture, importation, sale, or continued use of 
121.5 MHz ELTs.
Summary of Significant Issues Raised by Public Comments in Response to 
the IRFA
    6. No comments were submitted specifically in response to the IRFA. 
Nonetheless, we have considered the potential economic impact on small 
entities of the rules discussed in the IRFA, and we have considered 
alternatives that would reduce the potential economic impact on small 
entities of the rules enacted herein.
Description and Estimate of the Number of Small Entities to Which Rules 
Will Apply
    7. The RFA directs agencies to provide a description of and, where 
feasible, an estimate of the number of small entities that may be 
affected by the rules adopted herein. The RFA defines the term ``small 
entity'' as having the same meaning as the terms ``small business,'' 
``small organization,'' and ``small governmental jurisdiction.'' In 
addition, the term ``small business'' has the same meaning as the term 
``small business concern'' under the Small Business Act.\.\ A small 
business concern is one which: (1) Is independently owned and operated; 
(2) is not dominant in its field of operation; and (3) satisfies any 
additional criteria established by the Small Business Administration 
(SBA).
    8. Small businesses in the aviation and marine radio services use a 
marine very high frequency (VHF), medium frequency (MF), or high 
frequency (HF) radio, any type of emergency position indicating radio 
beacon (EPIRB) and/or radar, an aircraft radio, and/or any type of 
emergency locator transmitter (ELT). The Commission has not developed a 
definition of small entities specifically applicable to these small 
businesses. For purposes of this FRFA, therefore, the applicable 
definition of small entity is the definition under the SBA rules 
applicable to wireless service providers. Since 2007, the Census Bureau 
has placed wireless firms within this new, broad, economic census 
category. Prior to that time, such firms were within the now-superseded 
categories of ``Paging'' and ``Cellular and Other Wireless 
Telecommunications.'' Under the present and prior categories, the SBA 
has deemed a wireless business to be small if it has 1,500 or fewer 
employees. Because Census Bureau data are not yet available for the new 
category, we will estimate small business prevalence using the prior 
categories and associated data. For the category of Paging, data for 
2002 show that there were 807 firms that operated for the entire year. 
Of this total, 804 firms had employment of 999 or fewer employees, and 
three firms had employment of 1,000 employees or more. For the category 
of Cellular and Other Wireless Telecommunications, data for 2002 show 
that there were 1,397 firms that operated for the entire year. Of this 
total, 1,378 firms had employment of 999 or fewer employees, and 19 
firms had employment of 1,000 employees or more. Thus, we estimate

[[Page 17349]]

that the majority of wireless firms are small.
    9. Some of the rules adopted herein may also affect small 
businesses that manufacture aviation radio equipment. The Commission 
has not developed a definition of small entities applicable to aviation 
radio equipment manufacturers. Therefore, the applicable definition is 
that for Radio and Television Broadcasting and Wireless Communications 
Equipment Manufacturers. The Census Bureau defines this category as 
follows: ``This industry comprises establishments primarily engaged in 
manufacturing radio and television broadcast and wireless 
communications equipment. Examples of products made by these 
establishments are: transmitting and receiving antennas, cable 
television equipment, GPS equipment, pagers, cellular phones, mobile 
communications equipment, and radio and television studio and 
broadcasting equipment.'' The SBA has developed a small business size 
standard for Radio and Television Broadcasting and Wireless 
Communications Equipment Manufacturing, which is: All such firms having 
750 or fewer employees. According to Census Bureau data for 2002, there 
were a total of 1,041 establishments in this category that operated for 
the entire year. Of this total, 1,010 had employment of under 500, and 
an additional 13 had employment of 500 to 999. Thus, under this size 
standard, the majority of firms can be considered small.
Description of Projected Reporting, Recordkeeping, and Other Compliance 
Requirements for Small Entities
    10. The Third R&O does not impose any additional reporting, 
recordkeeping, or other compliance requirements on small entities.
Steps Taken To Minimize the Significant Economic Impact on Small 
Entities, and Significant Alternatives Considered
    11. The RFA requires an agency to describe any significant 
alternatives that it has considered in developing its approach, which 
may include the following four alternatives (among others): ``(1) The 
establishment of differing compliance or reporting requirements or 
timetables that take into account the resources available to small 
entities; (2) the clarification, consolidation, or simplification of 
compliance and reporting requirements under the rule for such small 
entities; (3) the use of performance rather than design standards; and 
(4) an exemption from coverage of the rule, or any part thereof, for 
such small entities.''
    12. As explained in section D of this FRFA, above, the Third R&O 
does not impose any additional reporting, recordkeeping, or other 
compliance requirements on small entities. In the IRFA accompanying the 
Second FNPRM, the Commission identified two measures that it was 
considering that might conceivably impose significant new compliance 
burdens on small entities: (1) The adoption of rules requiring that 
mobile satellite systems accord priority and preemptive access to 
AMS(R)S communications in additional frequency bands, including the 1.6 
MHz, 2 MHz, and 5 MHz frequency bands, and (2) the adoption of rules 
mandating a transition to 8.33 kHz channel spacing in the aeronautical 
enroute service. In the Third R&O, however, the Commission does not 
adopt either of these requirements. The Commission has determined to 
defer addressing the possibility of requiring MSS licensees to accord 
priority and preemptive access to AMS(R)S communications in additional 
frequency bands until other matters pertaining to MSS licensees are 
addressed in other proceedings. In addition, the Commission has decided 
not to mandate that the aeronautical enroute service transition to 8.33 
kHz channel spacing, but only to allow such a transition to 8.33 kHz 
channel spacing in the aeronautical enroute (and flight test station) 
service on a permissive basis. Finally, as noted, the Commission 
determined in the IRFA accompanying the Second FNPRM that none of the 
other rule changes under consideration would impose any new compliance 
burden on any entity, and there is nothing in the record to undermine 
that conclusion. In sum, none of the rule changes adopted in the Third 
R&O imposes a new compliance burden on any entity.

F. Report to Congress

    13. The Commission will send a copy of this Third R&O in WT Docket 
No. 01-289, including the Final Regulatory Flexibility Analysis, in a 
report to be sent to Congress pursuant to the Congressional Review Act. 
In addition, the Commission will send a copy of the Third R&O, 
including the Final Regulatory Flexibility Analysis, to the Chief 
Counsel for Advocacy of the SBA. A copy of the Third R&O and the Final 
Regulatory Flexibility Analysis (or summaries thereof) will also be 
published in the Federal Register.

List of Subjects

47 CFR Part 1

    Administrative practice and procedure, Radio.

47 CFR Part 2

    Radio.

47 CFR Part 87

    Air transportation, Communications equipment, Radio.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.

Rule Changes

    For the reasons discussed in the preamble, the Federal 
Communications Commission amends 47 CFR parts 1, 2 and 87 as follows:

PART 1--PRACTICE AND PROCEDURE

0
1. The authority citation for part 1 continues to read as follows:

    Authority: 15 U.S.C. 79 et seq.; 47 U.S.C. 151, 154(i), 154(j), 
155, 157, 225, 303(r), and 309.


0
2. Amend Sec.  1.948 by revising paragraph (b)(5) to read as follows:


Sec.  1.948  Assignment of authorization or transfer of control, 
notification of consummation.

* * * * *
    (b)(5) Licenses, permits, and authorizations for stations in the 
Amateur, Ship, Commercial Operator and Personal Radio Services (except 
218-219 MHz Service) may not be assigned or transferred, unless 
otherwise stated.
* * * * *

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

0
3. The authority citation for part 2 continues to read as follows:

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


0
4. Amend Sec.  2.106, by revising page 20 of the Table of Frequency 
Allocations, and by adding footnote US36 to the list of United States 
(U.S.) Footnotes to read as follows.


Sec.  2.106  Table of frequency allocations.

* * * * *
BILLING CODE 6712-01-P

[[Page 17350]]

[GRAPHIC] [TIFF OMITTED] TR29MR11.001

BILLING CODE 6712-01-C

United States (U.S.) Footnotes

* * * * *
    US36 In Hawaii, the bands 120.647-120.653 MHz and 127.047-127.053 
MHz are also allocated to the aeronautical mobile service on a primary 
basis for non-Federal aircraft air-to-air communications on 120.65 MHz 
(Maui) and 127.05 MHz (Hawaii and Kauai) as specified in 47 CFR 87.187.
* * * * *

PART 87--AVIATION SERVICES

0
5. The authority citation for part 87 continues to read as follows:

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


0
6. Amend Sec.  87.133 by revising paragraph (a) introductory text and 
by adding paragraph (g) to read as follows:


Sec.  87.133  Frequency stability.

    (a) Except as provided in paragraphs (c), (d), (f), and (g) of this 
section, the carrier frequency of each station must be maintained 
within these tolerances:
* * * * *

[[Page 17351]]

    (g) Any aeronautical enroute service transmitter operating in U.S. 
controlled airspace with 8.33 kHz channel spacing (except equipment 
being tested by avionics equipment manufacturers and flight test 
stations prior to delivery to their customers for use outside U.S. 
controlled airspace) must achieve 0.0005% frequency stability when 
operating in that mode.

0
7. Amend Sec.  87.137 by revising footnote 17 in paragraph (a) to read 
as follows:


Sec.  87.137  Types of emission.

    (a) * * *
    \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, on an optional basis, by Aeronautical Enroute Stations 
and Flight Test Stations, or by avionics equipment manufacturers which 
are required to perform installation and checkout of such radio systems 
prior to delivery to their customers. 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.
* * * * *


Sec.  87.171  [Amended]

0
8. Amend Sec.  87.171 by removing the entry ``FAP-Civil Air Patrol.''

0
9. Amend Sec.  87.173 by removing the entry for ``72.020-75.980 MHz,'' 
adding entries for ``72.02-72.98 MHz'' and ``75.42-75.98 MHz,'' 
revising the entries for ``118.00-121.400,'' ``121.500 MHz,'' ``121.975 
MHz,'' ``122.025 MHz,'' ``122.075 MHz,'' ``123.6-128.8 MHz,'' 
``128.825-132.000 MHz,'' ``132.025-135.975 MHz,'' ``136.500-136.875 
MHz,'' and ``406.0-406.1 MHz'' in the table in paragraph (b) to read as 
follows:


Sec.  87.173  Frequencies.

* * * * *
    (b) Frequency table:

----------------------------------------------------------------------------------------------------------------
     Frequency or  frequency band              Subpart              Class of station             Remarks
----------------------------------------------------------------------------------------------------------------
72.02-72.98 MHz......................  P......................  FA, AXO................  Operational fixed.
75.42-75.98 MHz......................  P......................  FA, AXO................  Operational fixed.
 
                                                  * * * * * * *
118.000-121.400 MHz..................  O, S...................  MA, FAC, FAW, GCO......  25 kHz channel spacing
                                                                RCO, RPC...............
 
                                                  * * * * * * *
121.500 MHz..........................  G, H, I, J, K, M, O....  MA, FAU, FAE, FAT, FAS,  Emergency and distress.
                                                                 FAC, FAM.
 
                                                  * * * * * * *
121.975 MHz..........................  F, S...................  MA2, FAW, FAC, MOU.....  Air traffic control
                                                                                          operations.
 
                                                  * * * * * * *
122.025 MHz..........................  F, S...................  MA2, FAW, FAC, MOU.....  Air traffic control
                                                                                          operations.
 
                                                  * * * * * * *
122.075 MHz..........................  F, S...................  MA2, FAW, FAC, MOU.....  Air traffic control
                                                                                          operations.
 
                                                  * * * * * * *
123.6-128.8 MHz......................  O, S...................  MA, FAC, FAW, GCO, RCO,  25 kHz channel spacing.
                                                                 RPC.
128.825-132.000......................  I......................  MA, FAE................  Domestic VHF.
132.025-135.975 MHz..................  O, S...................  MA, FAC, FAW, GCO RCO    25 kHz channel spacing.
                                                                 RPC.
 
                                                  * * * * * * *
136.500-136.875 MHz..................  I......................  MA, FAE................  Domestic VHF.
 
                                                  * * * * * * *
406.0-406.1 MHz......................  F, G, H, I, J, K, M, O.  MA, FAU, FAE, FAT, FAS,  Emergency and distress.
                                                                 FAC, FAM.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *

0
10. Amend Sec.  87.187 by revising paragraphs (cc) and (dd), and by 
adding new paragraphs (gg) and (hh) to read as follows:


Sec.  87.187  Frequencies.

* * * * *
    (cc) The frequency 120.650 MHz \1\ is authorized for air-to-air use 
for aircraft up to and including 3 km (10,000 ft) mean sea level within 
the area bounded by the following coordinates (all coordinates are 
referenced to North American Datum 1983 (NAD83)):

35-59-44.9 N. Lat; 114-51-48.0 W. Long.
36-09-29.9 N. Lat; 114-50-3.0 W. Long.
36-09-29.9 N. Lat; 114-02-57.9 W. Long.
35-54-45.0 N. Lat; 113-48-47.8 W. Long.

    (dd) The frequencies 136.425, 136.450, and 136.475 MHz are 
designated for flight information services--broadcast (FIS-B) and may 
not be used by aircraft for transmission.
* * * * *
    (gg) (1) The frequency 120.650 MHz is authorized for air-to-air 
communications for aircraft over and within five nautical miles of the 
shoreline of the Hawaiian Island of Maui.
    (2) The frequency 121.950 MHz is authorized for air-to-air use for 
aircraft over and within five nautical miles of the shoreline of the 
Hawaiian Island of Molokai.

[[Page 17352]]

    (3) The frequency 122.850 MHz is authorized for air-to-air use for 
aircraft over and within five nautical miles of the shoreline of the 
Hawaiian Island of Oahu.
    (4) The frequency 122.850 MHz is authorized for aircraft over and 
within five nautical miles of the shoreline of the Hawaiian Island of 
Hawaii when aircraft are south and east of the 215 degree radial of 
very high frequency omni-directional radio range of Hilo International 
Airport.
    (5) The frequency 127.050 MHz is authorized for air-to-air use for 
aircraft over and within five nautical miles of the shoreline of the 
Hawaiian Island of Hawaii when aircraft are north and west of the 215 
degree radial of very high frequency omni-directional radio range of 
Hilo International Airport.
    (6) The frequency 127.050 MHz is authorized for air-to-air use for 
aircraft over and within five nautical miles of the Hawaiian Island of 
Kauai.
    (hh) (1) The frequency 121.95 MHz is authorized for air-to-air 
communications for aircraft within the area bounded by the following 
coordinates (all coordinates are referenced to North American Datum 
1983 (NAD83)):

33-46-00 N. Lat.; 118-27-00 W. Long.
33-47-00 N. Lat.; 118-12-00 W. Long.
33-40-00 N. Lat.; 118-00-00 W. Long.
33-35-00 N. Lat.; 118-08-00 W. Long.
34-00-00 N. Lat.; 118-26-00 W. Long.

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

34-22-00 N. Lat.; 118-30-00 W. Long.
34-35-00 N. Lat.; 118-15-00 W. Long.
34-27-00 N. Lat.; 118-15-00 W. Long.
34-16-00 N. Lat.; 118-35-00 W. Long.
34-06-00 N. Lat.; 118-35-00 W. Long.
34-05-00 N. Lat.; 118-50-00 W. Long.

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

34-08-00 N. Lat.; 118-00-00 W. Long.
34-10-00 N. Lat.; 117-08-00 W. Long.
34-00-00 N. Lat.; 117-08-00 W. Long.
33-53-00 N. Lat.; 117-42-00 W. Long.
33-58-00 N. Lat.; 118-00-00 W. Long.

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

33-53-00 N. Lat.; 117-37-00 W. Long.
34-00-00 N. Lat.; 117-15-00 W. Long.
34-00-00 N. Lat.; 117-07-00 W. Long.
33-28-00 N. Lat.; 116-55-00 W. Long.
33-27-00 N. Lat.; 117-12-00 W. Long.

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

33-50-00 N. Lat.; 117-48-00 W. Long.
33-51-00 N. Lat.; 117-41-00 W. Long.
33-38-00 N. Lat.; 117-30-00 W. Long.
33-30-00 N. Lat.; 117-30-00 W. Long.
33-30-00 N. Lat.; 117-49-00 W. Long.


0
11. Amend Sec.  87.195 by revising the section heading, and by adding 
introductory text to read as follows:


Sec.  87.195  Prohibition of 121.5 MHz ELTs.

    The manufacture, importation, sale or use of 121.5 MHz ELTs is 
prohibited.
* * * * *

0
12. Amend Sec.  87.199 by revising paragraph (a) to read as follows:


Sec.  87.199  Special requirements for 406.0-406.1 MHz ELTs.

    (a) 406.0-406.1 ELTs use G1D emission. Except for the spurious 
emission limits specified in Sec.  87.139(h), 406.0-406.1 MHz ELTs must 
meet all the technical and performance standards contained in the Radio 
Technical Commission for Aeronautics document titled ``Minimum 
Operational Performance Standards 406 MHz Emergency Locator 
Transmitters (ELT)'' Document No. RTCA/DO-204 dated September 29, 1989. 
The Director of the Federal Register approves this incorporation by 
reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies 
of this standard can be inspected at the Federal Communications 
Commission, 445 12th Street, SW., Washington, DC (Reference Information 
Center) or at the National Archives and Records Administration (NARA). 
For information on the availability of this material at NARA, call 202-
741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. Copies of the RTCA 
standards also may be obtained from the Radio Technical Commission of 
Aeronautics, One McPherson Square, 1425 K Street, NW., Washington, DC 
20005.
* * * * *

0
13. Amend Sec.  87.215 by revising paragraphs (b) and (f) to read as 
follows:


Sec.  87.215  Supplemental eligibility.

* * * * *
    (b) Only one unicom will be authorized to operate at an airport 
which does not have a control tower, RCO or FAA flight service station 
that operates on the published common traffic advisory frequency. At 
any other airport, the one unicom limitation does not apply, and the 
airport operator and all aviation services organizations may be 
licensed to operate a unicom on the assigned frequency.
* * * * *
    (f) At an airport where only one unicom may be licensed, when the 
Commission believes that the unicom has been abandoned or has ceased 
operation, another unicom may be licensed on an interim basis pending 
final determination of the status of the original unicom. An applicant 
for an interim license must notify the present licensee and must comply 
with the notice requirements of paragraph (g) of this section.
* * * * *

0
14. Amend Sec.  87.263 by revising paragraphs (a)(1) and (c) to read as 
follows:


Sec.  87.263  Frequencies.

    (a) * * *
    (1) Frequencies in the 128.8125-132.125 MHz and 136.4875-137.00 MHz 
bands are available to serve domestic routes, except that the frequency 
136.750 MHz is available only to aeronautical enroute stations located 
at least 288 kilometers (180 miles) from the Gulf of Mexico shoreline 
(outside the Gulf of Mexico region). The frequencies 136.900 MHz, 
136.925 MHz, 136.950 MHz and 136.975 MHz are available to serve 
domestic and international routes. Frequency assignments may be based 
on either 8.33 kHz or 25 kHz spacing. Use of these frequencies must be 
compatible with existing operations and must be in accordance with 
pertinent international treaties and agreements.
* * * * *
    (c) International VHF service. Frequencies in the 128.825-132.000 
and 136.000-137.000 MHz bands are available to enroute stations serving 
international flight operations. Frequency assignments are based on 
either 8.33 kHz or 25 kHz channel spacing. Proposed operations must be 
compatible with existing operations in the band.
* * * * *

0
15. In 87.303, revise paragraph (b) and add a new paragraph (f) to read 
as follows:

[[Page 17353]]

Sec.  87.303  Frequencies.

* * * * *
    (b) These additional frequencies are available for assignment only 
to flight test stations of aircraft manufacturers:

------------------------------------------------------------------------
       MHz                MHz                MHz               MHz
------------------------------------------------------------------------
  123.125 \2\        123.275 \3\       123.425 \3\       123.550 \3\
  123.150 \2\        123.325 \3\       123.475 \3\       123.575 \2\
  123.250 \3\        123.350 \3\       123.525 \3\
------------------------------------------------------------------------
\1\ When R3E, H3E or J3E emission is used, the assigned frequency will
  be 3282.4 kHz (3281.0 kHz carrier frequency).
\2\ This frequency is available only to itinerant stations that have a
  requirement to be periodically transferred to various locations.
\3\ Mobile station operations on these frequencies are limited to an
  area within 320 km (200 mi) of an associated flight test land station.

* * * * *
    (f) Frequency assignments for Flight Test VHF Stations may be based 
on either 8.33 kHz or 25 kHz spacing. Assignable frequencies include 
the interstitial frequencies 8.33 kHz from the VHF frequencies listed 
in paragraphs (a) and (b) of this section. Each 8.33 kHz interstitial 
frequency is subject to the same eligibility criteria and limitations 
as the nearest frequency listed in paragraphs (a) and (b) of this 
section.

[FR Doc. 2011-4003 Filed 3-28-11; 8:45 am]
BILLING CODE 6712-01-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>