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 frequency allocation and radio treaty matters and aviation services rules to ensure that they 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. In many cases these rule amendments also promote public safety generally and improve our homeland security.

DATES:

Effective February 5, 2007.

FOR FURTHER INFORMATION CONTACT:

Jeffrey Tobias, Jeff.Tobias@FCC.gov, 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 Second Report and Order in WT Docket No. 01-289 (Second Report and Order), FCC 06-148, adopted on October 4, 2006, and released on October 10, 2006. 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: http://www.fcc.gov. Alternative formats are available to persons with disabilities by sending an e-mail to fcc504@fcc.gov or by calling the Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (tty).

1. The Second Report and Order addresses issues raised in the Further Notice of Proposed Rule Making (FNPRM) in this WT Docket No. 01-289 proceeding. The Commission takes the following significant actions in the Second Report and Order: (i) Authorizes the use of Universal Access Transceiver (UAT) technology on the frequency 978 MHz; (ii) declines to adopt any immediate changes to the part 87 rules governing the Aeronautical Mobile Satellite (Route) Service (AMS(R)S) with respect to technical flexibility, the licensing of AMS(R)S in additional frequency bands under part 87, or priority and preemptive access for AMS(R)S communications vis-vis public correspondence communications and other non-safety-related Mobile Satellite Service (MSS) communications; (iii) removes all of the former Civil Air Patrol (CAP) channels from the table of frequencies available for assignment under part 87; (iv) removes allocations for radionavigation in the 14000-14400 MHz band; (v) streamlines the listing of high frequency (HF) channels in the table of frequencies available for assignment under part 87; (vi) provides the Federal Aviation Administration (FAA) with greater flexibility in the use of air traffic control (ATC) frequencies; (vii) declines to adopt rules that would authorize a new type of emergency locator transmitter (ELT) designed to operate on the frequency 121.5 MHz; (viii) adopts rules permitting use of an alternative station identification format by aircraft that are being moved by maintenance personnel from one airport location to another; (ix) eliminates the rule authorizing the assignment of FCC control numbers to ultralight aircraft for station identification; and (x) declines at present to make any rule changes pertaining to the Plan for the Security Control of Air Traffic and Air Navigation Aids (SCATANA).

I. Procedural Matters

A. Paperwork Reduction Act Analysis

2. The Second Report and Order does not contain any new or modified information collection requirements subject to the Paperwork Reduction Act of 1995 (PRA), Public Law 104-13. In addition, therefore, 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).

B. Report to Congress

3. The Commission will send a copy of this Second Report and Order 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 FNPRM in this proceeding. The Commission sought written public comment on the proposals in the FNPRM, including comment on the IRFA. This present Final Regulatory Flexibility Analysis (FRFA) conforms to the RFA.

Need for, and Objectives of, the Report and Order

5. The rules adopted in the Second Report and Order 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 Second Report and Order the Commission (a) authorizes the use of UAT technology on the frequency 978 MHz; (b) removes all of the former CAP channels from the table of frequencies available for assignment under part 87; (c) removes allocations for radionavigation in the 14000-14400 MHz band; (d) streamlines the listing of HF channels in the table of frequencies available for assignment under part 87; (e) provides the FAA with greater flexibility in the use of ATC frequencies; (f) declines to adopt rules that would authorize a new type of ELT designed to operate on the frequency 121.5 MHz; (g) codifies the terms of a waiver permitting use of an alternative station identification format by aircraft that are being moved by maintenance personnel from one airport location to another; (h) eliminates the rule authorizing the assignment of FCC control numbers to ultralight aircraft for station identification; and (i) declines at present to make any rule changes pertaining to the Plan for the Security Control of Air Traffic and Air Navigation Aids (SCATANA).

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. The SBA has developed a small business size standard for wireless firms within the two broad economic census categories of “Paging” and “Cellular and Other Wireless Telecommunications.” Under both categories, the SBA deems a wireless business to be small if it has 1,500 or fewer employees. For the census category of Paging, Census Bureau data for 2002 show that there were 807 firms in this category 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. Thus, under this category and associated small business size standard, the majority of firms can be considered small. For the census category of Cellular and Other Wireless Telecommunications, Census Bureau data for 2002 show that there were 1,397 firms in this category 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, under this second category and size standard, the majority of firms can, again, be considered 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 Second Report and Order does not impose any additional reporting, recordkeeping, or other compliance requirements on small entities. The rule amendments adopted in the Second Report and Order generally either relieve licensees of pre-existing technical constraints or simply streamline and update the Commission's rules in a manner that will have no impact at all on regulatory compliance costs.

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 C of this FRFA, above, the Second Report and Order does not impose any additional reporting, recordkeeping, or other compliance requirements on small entities. In the Second Report and Order, the Commission discusses the possibility of further relaxing AMS(R)S technical requirements to accommodate non-Inmarsat satellite systems, and the Commission did consider, as one alternative, immediately amending the part 87 rules for that purpose. The Commission ultimately decided, however, that it would be prudent to seek further comment on this question, especially in light of the fact that the International Civil Aviation Organization (ICAO) has not yet adopted Standards and Recommended Practices for such AMS(R)S operations. Similarly, the Commission could have adopted part 87 licensing rules for AMS(R)S in the 1.6 GHz, 2 GHz, and 5 GHz frequency bands, subject to a requirement that satellite system operators accord priority and preemptive access to AMS(R)S communications over other types of communications. The Commission deferred a final decision on this matter, primarily to acquire additional information regarding whether such a priority and preemptive access requirement is truly necessary, and regarding the burden such a requirement may impose on MSS/AMS(R)S licensees.

F. Report to Congress

13. The Commission will send a copy of this Second Report and Order 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 Second Report and Order, including the Final Regulatory Flexibility Analysis, to the Chief Counsel for Advocacy of the SBA. A copy of the Second Report and Order and the Final Regulatory Flexibility Analysis (or summaries thereof) will also be published in the Federal Register.

List of Subjects

47 CFR Part 2

• Communications equipment; Disaster assistance; Imports; Radio; Reporting and recordkeeping requirements; Telecommunications; Television; Wiretapping and electronic surveillance

47 CFR Part 87

• Air transportation; Civil defense; Communications equipment; Defense communications; Radio; Reporting and recordkeeping requirements; Weather

Rule Changes

For the reasons discussed in the preamble, the Federal Communications Commission amends 47 CFR parts 2 and 87 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 29 and 46.

b. In the list of United States (US) Footnotes, remove footnote US292 and add footnote US400.

The revisions and additions read as follows:

PART 87—AVIATION SERVICES

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

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

4. Amend § 87.5 by adding entries in alphabetical order for “Automatic Dependent Surveillance—Broadcast (ADS-B) Service,” “Traffic Information Services—Broadcast (TIS-B) Service” and “Universal Access Transceiver (UAT)” to read as follows:

5. Amend § 87.107 by removing paragraph (a)(2), redesignating paragraphs (a)(3) through (a)(5) as (a)(2) through (a)(4), and revising newly designated paragraph (a)(2) to read as follows:

6. Amend § 87.137 by amending the table in paragraph (a) to add an entry for F1D and footnote 18 to read as follows:

7. Amend § 87.139 by adding paragraph (l) to read as follows:

(2) Universal Access Transceiver transmitters with an output power of 5 Watts or more must limit their emissions by at least 43 + 10 log (P) dB on any frequency removed from the assigned frequency by more than 250% of the authorized bandwidth. Those emissions shall be measured with a bandwidth of 100 kHz. P in the above equation is the average transmitter power measured within the occupied bandwidth 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 authorized bandwidth. Those emissions shall be measured with a bandwidth of 100 kHz.

8.Amend § 87.141 by adding paragraph (k) to read as follows:

9. Amend § 87.171 by adding in alphabetical order the symbol and class of station “UAT—Universal Access Transceiver” to read as follows:

10. Amend § 87.173 by revising the table in paragraph (b) to read as follows:

11. Amend § 87.187 by revising paragraphs (p), (q), and (x) and adding paragraph (ff) to read as follows:

12. Amend § 87.345 by adding paragraph (f) to read as follows:

13. Amend § 87.349 by adding paragraph (e) to read as follows:

14. Amend § 87.421 by revising paragraph (c) to read as follows:

15. Amend § 87.475 by adding paragraph (b)(9) and revising paragraphs (c)(1) and (c)(2) to read as follows: