[Federal Register Volume 65, Number 128 (Monday, July 3, 2000)]
[Proposed Rules]
[Pages 41032-41034]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-16679]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 2 and 87

[WT Docket No. 00-77; RM Nos. 9376, 9462; FCC 00-160]


Advanced Digital Communications in the 117.975-137 MHz Band and 
Implementation of Flight Information Services in the 136-137 MHz Band

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: In this document the Commission seeks comment on proposals 
regarding the use of the 136-137 MHz frequency band by the Aviation 
Services and certain modifications to parts 2 and 87 of the 
Commission's rules in response to two Petitions for Rulemaking filed by 
the Federal Aviation Administration and the Small Aircraft 
Manufacturers Association. In response to the Petitions and comments 
received, the Commission has released a Notice of Proposed Rulemaking 
(NPRM) in which the Commission proposes to: modify the footnote 
allocation of the Commission's rules to permit the FAA to use twenty 
channels in the 136-136.475 MHz band on a shared basis with non-Federal 
Government users for Air Traffic Control purposes, including Flight 
Information Services; revise certain technical rules in part 87 for the 
117.975-137 MHz band to accommodate digital communications systems; and 
modify those rules pertaining to special purpose enroute services in 
the Gulf of Mexico.

DATES: Comments are due August 2, 2000. Reply comments are due August 
2, 2000.

ADDRESSES: Federal Communications Commission, Office of the Secretary, 
445 Twelfth Street, SW., TW-325, Washington, DC 20554. A copy of each 
filing should be sent to International Transcription Services, Inc. 
(ITS), 1231 20th Street, NW., Washington, DC 20036, (202) 857-3800, and 
Roberto Mussenden, Federal Communications Commission, Wireless 
Telecommunications Bureau, Public Safety and Private Wireless Division, 
Policy and Rules Branch, 445 Twelfth Street, SW., Room 3-A424, 
Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT: Roberto Mussenden ([email protected]) 
or Ghassan Khalek ([email protected]) at the Public Safety and Private 
Wireless Division, Policy and Rules Branch, (202) 418-0680.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice 
of Proposed Rulemaking (NPRM) in WT Docket No. 00-77, FCC No. 00-160, 
released on May 15, 2000, as amended by Errata released on June 5, 
2000. The full text of the NPRM is available for inspection and copying 
during normal business hours in the Public Safety and Private Wireless 
Division of the Wireless Telecommunications Bureau, Federal 
Communications Commission, 445 Twelfth Street, SW., Room 4-C207, 
Washington, DC 20554. The complete text of this NPRM may also be 
purchased from the Commission's duplicating contractor, International 
Transcription Services, 1231 20th Street, NW., Washington, DC 20036, 
202-857-3800. Alternative formats (computer diskette, large print, 
audiocassette and Braille) are available to persons with disabilities 
by contacting Martha Contee at (202) 418-0260, TTY (202) 418-2555, or 
at [email protected].
    Currently, the 136-137 MHz band is allocated to the non-Federal 
Government aeronautical mobile (R) service on a primary basis. This one 
megahertz of spectrum is used by the civil aviation community, in 
particular ARINC, for AOC communications, and pursuant to footnote 
US244, by the FAA for general aviation ATC purposes. SAMA, in its 
Petition, requests the FCC to set aside four channels in the 136-137 
MHz band for FIS to support general aviation. The FAA, in its Revised 
Petition, supports this request but also seeks a reallocation of 
approximately half of the band (136-136.475 MHz) to accommodate a new, 
digital communications system. While generally supporting both 
requests, it appears that the aviation community challenges the amount 
of spectrum needed and the manner in which it is allocated. The 
aviation community counsels caution when evaluating the petitions and 
stresses the need to balance future Federal Government services against 
the existing and planned improvements in non-Federal Government data 
communications services. All parties also request that 47

[[Page 41033]]

CFR part 87 be amended to permit digital communications for general 
aviation.
    The Commission proposes to amend 47 CFR 2.106, footnote US244 to 
extend the FAA's access from fifteen to twenty channels within the 136-
136.475 MHz band on a shared basis with non-Federal Government users. 
Specifically, the Commission proposes to add channels 136.100 MHz, 
136.200 MHz, 136.275 MHz, 136.375 MHz, and 136.475 MHz to the list of 
FAA's shared channels. As requested by SAMA and supported by the FAA 
and industry, the Commission further proposes to accommodate FIS in the 
136-137 MHz band. SAMA contends that locating the FIS within in the 
136-137 MHz band is most appropriate. It notes that frequencies in the 
136-137 MHz band are not currently being used because very few general 
aviation aircraft have voice radios that can tune to this band. NATA, 
NBAA, and ARINC/ATA all support authorization of FIS within the 136-137 
MHz band. According to SAMA, most general aviation aircraft have 720-
channel transceivers that tune up to 136 MHz; only the newest radios 
are 760-channel transceivers that also tune to the forty channels in 
the 136-137 MHz band. SAMA maintains that aircraft desiring to receive 
FIS broadcasts could purchase an FIS receiver that tunes to these 
frequencies only. Finally, SAMA avers that avionics manufacturers have 
already introduced low-cost radio receivers for FIS broadcasts for the 
general aviation market in anticipation of the FAA's initiation of this 
service. Consequently, the Commission proposes to add the FIS 
designation to footnote US244; however, it tentatively concludes that 
specifying four channels for FIS in US244 is unnecessary and could 
curtail flexibility.
    To foster improved spectrum efficiencies, the Commission also 
proposes to amend various service and technical rules pertaining to the 
aviation services, 47 CFR part 87. The specific rule provisions 
proposed for amendment are: (1) 47 CFR 87.131 (Power and emissions); 
(2) 47 CFR 87.133 (Frequency stability); (3) 47 CFR 87.137 (Types of 
mission); (4) 47 CFR 87.139 (Emission limitations); (5) 47 CFR 87.173 
(Frequencies) [General List]; (6) 47 CFR 87.187 (Frequencies) [Aircraft 
Stations]; and (7) 47 CFR 87.263 (Frequencies) [Aeronautical Enroute 
and Aeronautical Fixed Stations]. The Commission believes that these 
changes would serve to promote the transition from analog voice 
communications to digital voice and data transmissions.

Initial Regulatory Flexibility Analysis

    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 in this NPRM 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 this NPRM provided. The Commission will send a copy of the 
NPRM, including this IRFA, to the Chief Counsel for Advocacy of the 
Small Business Administration (``SBA''). See 5 U.S.C. 603(a).

I. Need for and Objectives of the Proposed Rules

    Increased spectrum congestion within the 117.975-136 MHz band, due 
to increasing air traffic control communications requirements, which 
cause frequency assignments in this band to grow about four percent 
annually, compels the transition to digital communications technology. 
Further pressuring our aviation communications spectrum capacity is the 
explosive growth in data communications within the civil aviation 
communications spectrum band. This, combined with the FAA's role in 
administering the civil aviation communications spectrum, along with 
the public safety issues inherent with aviation communications, 
provides justification for our proposals in this NPRM. The objective is 
to develop aviation communications spectrum policies for the civil 
aviation community while providing the FAA with the latitude it needs 
to meet its statutory requirements. Our proposals are aimed at being as 
least intrusive on the private sector as feasible, while achieving our 
public interest objectives.

II. Legal Basis

    The proposed action is authorized by 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) and 332(a)(2).

III. 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. 5 
U.S.C. 601(6). The RFA directs agencies to provide a description of 
and, where feasible, an estimate of the number of small entities that 
may be affected by the proposed rules, if adopted. The RFA defines the 
term ``small entity'' as having the same meaning as the terms ``small 
business,'' ``small organization,'' and ``small governmental 
jurisdiction.'' 5 U.S.C. 601. 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 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. 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.''
    The Commission has not adopted a definition of small business 
specific to the Air-Ground Radiotelephone Service, which is defined in 
Sec. 22.99 of the Commission's rules. 47 CFR 22.99. Accordingly, we 
will use the SBA's definition applicable to radiotelephone companies, 
i.e., an entity employing no more than 1,500 persons. There are 
approximately 100 licensees in the Air-Ground Radiotelephone Service, 
and we estimate that almost all of them qualify as ``small businesses'' 
or ``small entities'' under the SBA definition.

IV. Description of Projected Reporting, Recordkeeping, and Other 
Compliance Requirements

    Current licensees are subject to minimal reporting, recordkeeping, 
and compliance requirements, e.g., retaining a copy of their license, 
filing for renewal of their license after a period of years. Equipment 
manufacturers are required to certify that their products comply with 
the performance standards established by the Commission. No new 
reporting, recordkeeping, or other compliance requirements would be 
imposed on applicants or licensees as a result of the actions proposed 
in this rulemaking proceeding.

V. 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

[[Page 41034]]

simplification of compliance or reporting requirements under the rule 
for small entities; (3) the use of performance, rather than design, 
standards; and (4) an exemption from coverage of the rule, or any part 
thereof, for small entities. The first two and the fourth alternatives 
are not relevant at this stage of the proceeding, whereby the 
Commission would permit additional use of existing Aviation Radio 
Service frequencies and the establishment of a new service. The third 
alternative is reflected in the NPRM in that the Commission has not 
specified the design standards for any potential radio apparatus but 
has limited its proposal to technical, performance standards for the 
use of the frequencies at issue. We seek comment on the impact on small 
entities of the proposals in the NPRM.
    Federal Rules that May Duplicate, Overlap, or Conflict with the 
Proposed Rules: None.

VI. Paperwork Reduction Analysis

    This NPRM contains either a new or modified information collection. 
The Commission, as part of its continuing effort to reduce paperwork 
burdens, invites the general public to comment on the information 
collection contained in this NPRM as required by the Paperwork 
Reduction Act of 1995, Public Law No. 104-13. Public and agency 
comments are due 60 days from date of publication of this NPRM in the 
Federal Register. Comments should address: (a) Whether the new or 
modified collection of information is necessary for the proper 
performance of the functions of the Commission, including whether the 
information shall have practical utility; (b) the accuracy of the 
Commission's burden estimates; (c) ways to enhance the quality, 
utility, and clarity of the information collected; and (d) ways to 
minimize the burden of the collection of information on the 
respondents, including the use of automated collection techniques or 
other forms of information technology. These comments should be 
submitted to Judy Boley, Federal Communications Commission, 445 12th 
Street, SW., Washington, D.C. 20554, or via the Internet to 
[email protected]>. Furthermore, a copy of any such comments should be 
submitted to Virginia Huth, OMB Desk Officer, 725 17th Street, NW., 
Room 10236 NEOB, Washington, DC 20503, or via the Internet to 
[email protected]>.

List of Subjects in 47 CFR Parts 2 and 87

    Communications equipment, Radio, Air Transportation.

    Federal Communications Commission.
Magalie Roman Salas,
Secretary.
[FR Doc. 00-16679 Filed 6-30-00; 8:45 am]
BILLING CODE 6712-01-U