[Federal Register Volume 76, Number 61 (Wednesday, March 30, 2011)]
[Proposed Rules]
[Pages 17613-17615]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-7382]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 87

[WT Docket No. 10-61; FCC 11-25]


Aviation Service Regulations

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: This document considers a petition for rulemaking requesting 
comment on a petition for rulemaking filed by OCAS, Inc. (OCAS) 
regarding audio visual warning systems (AVWS). OCAS, Inc. installs such 
technology under the trademark OCAS [supreg]. AVWS are integrated air 
hazard notification systems that utilize radar frequencies and VHF 
voice frequencies to activate obstruction lighting and transmit audible 
warnings to aircraft on a potential collision course with obstacles 
such as power lines, wind turbines, bridges and towers. OCAS requests 
that we amend part 87 of the Commission's rules to permit AVWS stations 
to operate radar units, and to transmit audible warnings to pilots. We 
seek comment on operational, licensing, eligibility and equipment 
certification issues regarding AVWS stations and technology.

DATES:  Submit comments on or before May 31, 2011 and reply comments 
are due June 28, 2011.

ADDRESSES:  You may submit comments, identified by WT Docket No. 10-61; 
FCC 11-25, by any of the following methods:
    <bullet> Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
    <bullet> Federal Communications Commission's Web site: http://www.fcc.gov/cgb/ecfs/. Follow the instructions for submitting comments.
    <bullet> People with Disabilities: Contact the FCC to request 
reasonable accommodations (accessible format documents, sign language 
interpreters, CART, etc.) by e-mail: <a href="/cdn-cgi/l/email-protection#a0e6e3e3959094e0c6c3c38ec7cfd6"><span class="__cf_email__" data-cfemail="6a2c29295f5a5e2a0c0909440d051c">[email protected]</span></a> or phone 202-418-
0530 or TTY: 202-418-0432.
    For detailed instructions for submitting comments and additional 
information on the rulemaking process, see the SUPPLEMENTARY 
INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT:  Tim Maguire, Mobility Division, 
Wireless Telecommunications Bureau, (202) 418-2155.

SUPPLEMENTARY INFORMATION:  This is a summary of the Commission's 
Further Notice of Proposed Rulemaking (``FNPRM'') in WT Docket No. 10-
61, FCC 11-25, adopted February 22, 2011, and released March 4, 2011. 
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, Washington, DC 20554. The full text 
may also be downloaded at: www.fcc.gov. Alternative formats are 
available to persons with disabilities by sending an e-mail to 
<a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="14727777212420547277773a737b62">[email protected]</a> or by calling the Consumer & Governmental Affairs Bureau 
at 202-418-0530 (voice), 202-418-0432 (tty).

I. Procedural Matters

A. Ex Parte Rules-Permit-but-Disclose Proceeding

    1. 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 the 
Commission's Rules.

B. Comment Dates

    2. Pursuant to sections 1.415 and 1.419 of the Commission's rules, 
47 CFR 1.415, 1.419, interested parties may file comments and reply 
comments on or before the dates indicated on the first page of this 
document. Comments may be filed using: (1) The Commission's Electronic 
Comment Filing System (ECFS), (2) the Federal Government's eRulemaking 
Portal, or (3) by filing paper copies. See Electronic Filing of 
Documents in Rulemaking Proceedings, 63 FR 24121 (1998).
    <bullet> Electronic Filers: Comments may be filed electronically 
using the Internet by accessing the ECFS: http://fjallfoss.fcc.gov/ecfs2/ or the Federal eRulemaking Portal: http://www.regulations.gov.
    <bullet> Paper Filers: 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, 
filers must submit two additional copies for each additional docket or 
rulemaking number. Filings can be sent by hand or messenger delivery, 
by commercial overnight courier, or by first-class or overnight U.S. 
Postal Service mail. All filings must be addressed to the Commission's 
Secretary, Office of the Secretary, Federal Communications Commission.
    <bullet> All hand-delivered or messenger-delivered paper filings 
for the

[[Page 17614]]

Commission's Secretary must be delivered to FCC Headquarters at 445 
12th St., SW., Room TW-A325, Washington, DC 20554. The filing hours are 
8 a.m. to 7 p.m. All hand deliveries must be held together with rubber 
bands or fasteners. Any envelopes must be disposed of before entering 
the building.
    <bullet> Commercial overnight mail (other than U.S. Postal Service 
Express Mail and Priority Mail) must be sent to 9300 East Hampton 
Drive, Capitol Heights, MD 20743.
    <bullet> U.S. Postal Service first-class, Express, and Priority 
mail must be addressed to 445 12th Street, SW., Washington DC 20554.
    People with Disabilities: To request materials in accessible 
formats for people with disabilities (braille, large print, electronic 
files, audio format), send an e-mail to <a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="e0868383d5d0d4a0868383ce878f96">[email protected]</a> or call the 
Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-
418-0432 (tty).

C. Paperwork Reduction Act

    3. This FNPRM does not contain any proposed information 
collection(s) subject to the Paperwork Reduction Act of 1995, Public 
Law 104-13. In addition, it does not 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).

II. Initial Regulatory Flexibility Analysis

    4. As required by the Regulatory Flexibility Act (RFA), the 
Commission has prepared this present Initial Regulatory Flexibility 
Analysis (IRFA) of the possible significant economic impact on small 
entities by the policies and rules proposed and set forth in Appendix 
B. We requent written public comments on this IRFA which must be filed 
in accordance with the same filing deadlines as the comments on the 
rest of the FNPRM. The Commission shall send a copy of this FNPRM, 
including the IRFA, to the Chief Counsel for Advocacy of the Small 
Business Administration. In addition, a copy of this FNPRM and IRFA (or 
summaries thereof) will also be published in the Federal Register.

III. Ordering Clauses

    5. Pursuant to Sec. Sec.  4(i), 4(j), and 303(r) of the 
Communications Act of 1934, as amended, and 47 U.S.C. 154(i), 154(j), 
and 303(r), notice is hereby given of the proposed regulatory changes 
described in the FNPRM, and comment is sought on the proposed 
regulatory changes as set forth below.
    6. The Commission's Consumer and Governmental Affairs Bureau, 
Reference Information Center, shall send a copy of this FNPRM, 
including the Initial Regulatory Flexibility Analysis, to the Chief 
Counsel for Advocacy of the Small Business Administration.

List of Subjects in 47 CFR Part 87

    Air transportation, Communications equipment, Radio.

    Federal Communications Commission.
Marlene H. Dortch,
Secretary.

Proposed Rule Changes

    For the reasons discussed in the preamble, the Federal 
Communications Commission proposes to amend 47 CFR part 87 as follows:

PART 87--AVIATION SERVICES

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

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

    2. Section 87.171 is amended by revising the section heading and by 
adding ``AVW--Audio visual warning systems'' under the revised section 
heading to read as follows:


Sec.  87.171  Class of station symbols.

* * * * *
    AVW--Audio visual warning systems
* * * * *
    3. Section 87.173 is amended by revising the entries for ``122.700 
MHz,'' ``122.725 MHz,'' ``122.750 MHz,'' ``122.800 MHz,'' ``122.850 
MHz,'' ``122.900 MHz,'' ``122.950 MHz,'' ``122.975 MHz,'' ``123.000 
MHz,'' ``123.025 MHz,'' ``123.050 MHz,'' ``123.075 MHz,'' ``123.300 
MHz,'' ``123.500 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
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
122.700 MHz.......................  G, L, Q..............  MA, FAU, MOU, AVW...  Unicom at airports with no control tower; Aeronautical utility
                                                                                  stations.
122.725 MHz.......................  G, L, Q..............  MA, CAU, MOU, AVW...  Unicom at airports with no control tower; Aeronautical utility
                                                                                  stations.
122.750 MHz.......................  F, Q.................  MA2, AV.............  Private fixed wing aircraft air-to-air communications.
 
                                                                      * * * * * * *
122.800 MHz.......................  G, L, Q..............  MA, FAU, MOU, AVW...  Unicom at airports with no control tower; Aeronautical utility
                                                                                  stations.
 
                                                                      * * * * * * *
122.850 MHz.......................  H, K, Q..............  MA, FAM, FAS, AVW
 
                                                                      * * * * * * *
122.900 MHz.......................  F, H, L, M, Q........  MA, FAR, FAM, MOU,
                                                            AVW
 
                                                                      * * * * * * *
122.950 MHz.......................  G, L, Q..............  MA, FAU, MOU, AVW...  Unicom at airports with control tower; Aeronautical utility stations.
122.975 MHz.......................  G, L, Q..............  MA, FAU, MOU, AVW...  Unicom at airports with no control tower; Aeronautical utility
                                                                                  stations.
123.000 MHz.......................  G, L, Q..............  MA, FAU, MOU, AVW...  Unicom at airports with no control tower; Aeronautical utility
                                                                                  stations.

[[Page 17615]]

 
123.025 MHz.......................  F, Q.................  MA2, AVW............  Helicopter air-to-air communications; Air traffic control operations.
123.050 MHz.......................  G, L, Q..............  MA, FAU, MOU, AVW...  Unicom at airports with no control tower; Aeronautical utility
                                                                                  stations.
123.075 MHz.......................  G, L, Q..............  MA, FAU, MOU, AVW...  Unicom at airports with no control tower; Aeronautical utility
                                                                                  stations.
 
                                                                      * * * * * * *
123.300 MHz.......................  K, Q.................  MA, FAS, AVW
 
                                                                      * * * * * * *
123.500 MHz.......................  K, Q.................  MA, FAS, AVW
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------

    4. Section 87.483 is added under Subpart Q to read as follows:


Sec.  87.483  Audio visual warning systems.

    An audio visual warning system (AVWS) is a radar-based obstacle 
avoidance system. AVWS activates obstruction lighting and transmits VHF 
audible warnings to alert pilots of potential collisions with land-
based obstructions. The continuously operating radar calculates the 
location, direction and groundspeed of nearby aircraft that enter one 
of two warning zones reasonably established by the licensee. As 
aircraft enter the first warning zone, the AVWS activates obstruction 
lighting. If the aircraft continues toward the obstacle and enters the 
second warning zone, the VHF radio transmits an audible warning 
describing the obstacle.
    (a) Radio determination (radar) frequencies. Frequencies authorized 
under Sec.  87.475(b)(7) of this part are available for use by an AVWS. 
The frequency coordination requirements in Sec.  87.475(a) of this part 
apply.
    (b) VHF audible warning frequencies. Frequencies authorized under 
Sec.  87.187(j), Sec.  87.217(a), Sec.  87.241(b) and Sec.  87.323(b) 
(excluding 121.950 MHz) of this part are available for use by an AVWS. 
Multiple frequencies may be authorized for an individual station, 
depending on need and the use of frequencies assigned in the vicinity 
of a proposed AVWS facility. Use of these frequencies is subject to the 
following limitations:
    (1) The output power shall not exceed-3 dBm watts for each 
frequency authorized.
    (2) The antenna used in transmitting the audible warnings must be 
omni directional with a maximum gain equal to or lower than a half-wave 
centerfed dipole above 30 degree elevation, and a maximum gain of +5 
dBi from horizontal up to 30 degrees elevation.
    (3) The audible warning shall not exceed two seconds in duration. 
No more than six audible warnings may be transmitted in a single 
warning cycle, which shall not exceed 12 seconds in duration. An 
interval of at lest twenty seconds must occur between transmit cycles.
* * * * *
[FR Doc. 2011-7382 Filed 3-29-11; 8:45 am]
BILLING CODE 6712-01-P


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