[Federal Register Volume 69, Number 81 (Tuesday, April 27, 2004)]
[Rules and Regulations]
[Pages 22732-22733]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-9513]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 77

[Docket No. FAA-2004-16982; Notice No. 04-03]


Colo Void Clause Coalition; Antenna Systems Co-Location; 
Voluntary Best Practices

AGENCY: Federal Aviation Administration (FAA); DOT.

ACTION: Statement of policy and disposition of comments.

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SUMMARY: The FAA is revising its policy about the co-location of 
antenna systems on structures previously studied by the FAA. Under 
certain circumstances, the FAA will not require a person to file notice 
for an aeronautical study to add frequencies to an existing structure 
that has a current and valid No Hazard Determination on file with the 
FAA. On December 23, 2003, the Colo Void Clause Coalition (CVCC) wrote 
to Marion C. Blakey, FAA Administrator, and forwarded a Voluntary Best 
Practices Agreement Regarding the Potential for Electromagnetic 
Interference Upon FAA Facilities. The FAA finds that it can amend its 
policy to accommodate certain issues raised by the CVCC's Best 
Practices Agreement.

DATES: This policy is effective April 27, 2004.

FOR FURTHER INFORMATION CONTACT: Ren[eacute] J. Balanga, Office of 
Spectrum Policy and Management, ASR-100, Federal Aviation 
Administration, 800 Independence Ave., SW., Washington, DC 20591, 
Telephone (202) 267-3819 or (202) 267-8534.

SUPPLEMENTARY INFORMATION:

Availability of Documents

    You can get an electronic copy of this Notice using the Internet 
by:
    (1) Searching the Department of Transportation's electronic Docket 
Management System (DMS) Web page (http://dms.dot.gov/search); or
    (2) Visiting the Office of Rulemaking's Web page at http://www.faa.gov/avr/arm/index.cfm; or
    (3) Accessing the Government Printing Office's Web page at http://www.access.gpo.gov/su_docs/aces/aces140.html.
    You can also get a copy by sending a request to the Federal 
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence 
Avenue, SW., Washington, DC 20591, or by calling (202) 267-9680. Make 
sure to identify the Notice number or docket number of this document.
    Anyone is able to search the electronic form of all comments 
received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). You may review DOT's 
complete Privacy Act statement in the Federal Register published on 
April 11, 2000 (Volume 65, Number 70; Pages 19477-78) or you may visit 
http://dms.dot.gov.

Definitions

1. Colo(cation) Void Clause Coalition (CVCC)

    The CVCC is a coalition of wireless cellular phone and Personal 
Communication Services (PCS) service providers, tower companies, and 
trade associations, including the Personal Communications Industry 
Association (PCIA) and the Cellular Telecommunications and Internet 
Association (CTIA). According to the CVCC, its members currently own or 
manage most of the radio towers throughout the United States. Major 
wireless service providers and tower companies primarily make up the 
coalition, but other wireless service providers in the cellular phone 
and PCS industries, as well as tower companies, are represented by the 
CVCC through membership with PCIA and CTIA.

2. ``Frequency-Only'' Notice Requirements

    When the FAA issues a Determination of No Hazard for proposed 
construction or alteration of an antenna structure, the Determination 
includes the following condition: ``This determination is based, in 
part, on the foregoing description which includes specific coordinates, 
heights, frequency(ies) and power. Any changes in coordinates, heights, 
frequency(ies) or use of greater power will void this determination. 
Any future construction or alteration, including the increase in 
heights, power, or the addition of other transmitters requires separate 
notice to the FAA.'' As a result of this condition, a proponent seeking 
to only add frequencies to a previously studied structure for which the 
FAA has issued a Determination of No Hazard must file notice with the 
FAA. They must file the notice on FAA Form 7460-1, in accordance with 
the previously discussed condition.

3. Electromagnetic Interference (EMI)

    Electromagnetic interference (EMI) is defined as any 
electromagnetic disturbance that interrupts, obstructs, or otherwise 
degrades or limits the effective performance of electronics/electrical 
equipment. It can be induced intentionally, as in some forms of 
electronic warfare, or unintentionally, as a result of spurious 
emissions and responses, intermodulation products, and the like. EMI is 
also referred to as radio frequency interference (RFI).

Background

    Under title 14 of the Code of Federal Regulations (14 CFR) part 77, 
the FAA requires notice for certain proposed construction and 
alteration of structures that may affect the safe and efficient use of 
the navigable airspace. The FAA studies these proposals and determines 
whether they would cause harmful EMI. If the proposal would cause 
harmful EMI, it would constitute a hazard to air navigation. Under 
title 49 of the United States Code (U.S.C.) sections 40103 and 40113, 
the FAA may also study proposed antenna systems that may result in 
interference to air navigation, radio communication, or surveillance 
facilities or equipment. These studies include the frequencies and the 
mounting locations of Federal Communications Commission (FCC) regulated 
transmitters for certain wireless services authorized under 47 CFR 
parts 1 (Practice and Procedure), 22 (Public Mobile Services), 24 
(Personal Communications Services), 90 (Private Land Mobile Radio 
Services), and 101 (Fixed Microwave Services).
    If a person seeks to add frequency(ies) that might involve co-
locating antenna systems on an existing structure for which the FAA 
issued a Determination of No Hazard to Air Navigation, the person must 
file a notice with the FAA (Frequency-only notice requirement).
    Recently, the FAA evaluated submissions from the CVCC about the 
FAA's EMI evaluation process and procedures under 14 CFR part 77 and 
FAA Order 7400.2, Procedures for Handling Airspace Matters. In 
particular, the CVCC voiced concerns about the ``requirement'' to file 
notice with the FAA to add frequency-only proposals to the original 
structure. The CVCC proposed that the FAA grant

[[Page 22733]]

waivers from the requirement to file notice in specified frequency 
bands.
    On December 23, 2003, the CVCC wrote to Marion C. Blakey, FAA 
Administrator, and forwarded a Voluntary Best Practices Agreement 
Regarding the Potential for Electromagnetic Interference Upon FAA 
Facilities (Best Practices Agreement (BPA)). The BPA outlined a 
proposed solution to the frequency-only notice requirement. Under the 
BPA, the CVCC proposed that its members not be required to provide 
notification to the FAA when only adding certain specific frequencies 
to a structure located beyond one nautical-mile radius from any 
existing FAA facility. Also, the BPA stated that the CVCC would work 
closely with the FAA in mitigating any EMI resulting from these 
frequencies that could compromise safe flight.
    Research from prior FAA case studies of co-located antenna systems 
and engineering evaluations showed minimal EMI effects on FAA 
facilities from wireless services propagating on several frequency 
bands. The few cases where EMI existed and was determined to be 
hazardous to flight safety were during extensive equipment failures 
from the wireless service provider, and not from the equipment when 
operating within normal specifications.

Comments

    On February 3, 2004, the FAA published a Notice of availability and 
request for comments on the CVCC letter dated December 23, 2003, and 
the accompanying Best Practices Agreement (69 FR 5101). The FAA did not 
receive any comments or additional information within the comment 
period.

Policy Change

    The FAA recognizes the telecommunications industry's need and 
commitment to provide wireless services to the public. Also, the FAA 
recognizes that it is essential for these companies to speed up their 
time frame for build-out and deployment of their networks. However, the 
FAA's first commitment is to aviation safety. Thus, the FAA finds that 
it can amend its policy to accommodate certain issues raised by the 
CVCC's Best Practices Agreement. Notwithstanding this new policy, the 
requirements under 14 CFR part 77 about notice to the FAA of proposed 
construction or alteration of man-made structures under existing FAA 
policy and regulations are not altered or modified. If the addition of 
frequencies, under this policy, to a previously studied structure 
increases the height of that structure, notice must be filed with the 
FAA under 14 CFR 77.13. Physical structures located on or near public 
use landing facilities raise concerns about possible obstruction to 
aircraft, and the FAA will handle these issues pursuant to current 
regulations and procedures.
    Under the new policy, a proponent will not be required to file 
notice with the FAA for an aeronautical study to add frequencies to an 
existing structure that has a current No Hazard Determination on file 
with the FAA. If an additional antenna system must be used to add 
frequencies, the antenna system must not be located on Federal or 
Public Use Landing Facilities property. Also, the antenna system must 
not be co-located or mounted on an FAA antenna structure without prior 
coordination with the FAA's Office of Spectrum Policy and Management.
    This policy only applies to antenna systems operating on the 
following frequencies and service types, as dictated by various parts 
of 47 CFR,
     806--821 MHz and 851--866 MHz (Industrial/
Business/Specialized Mobile Radio Pool--Part 90)
     821--824 MHz and 866-869 MHz (Public Safety 
Mobile Radio Pool `` Part 90)
     816--820 MHz and 861--865 MHz (Basic Exchange 
Telephone Radio--Parts 1 and 22)
     824--849 MHz and 869--894 MHz (Cellular 
Radiotelephone--Parts 1 and 22)
     849--851 MHz and 894--896 MHz (Air-Ground 
Radiotelephone--Parts 1 and 22)
     896--901 MHz and 935--940 MHz (900 MHz SMR--Part 
90)
     901--902 MHz and 930--931 MHz (Narrowband PCS--
Part 24)
     929--930 MHz, 931--932 MHz, and 940--941 MHz 
(Paging--Parts 1, 22, and 90)
     1850--1990 MHz (Broadband PCS--Part 24, Point-
to-Point Microwave--Part 101)
     2305--2320 MHz and 2345--2360 MHz (Wireless 
Communications Service (WCS--Part 27);
    In addition, the following conditions also apply: (1) The proponent 
must provide the FAA Regional Spectrum Offices with an electronic copy 
of its antenna system location databases quarterly or as specified in a 
Letter of Agreement with the FAA Regional Spectrum Offices. (2) If an 
antenna system, operating in the designated frequency bands, causes EMI 
to one or more FAA facilities, the FAA will contact the proponent. The 
proponent must mitigate the EMI in a timely manner, as recommended by 
the FAA in each particular case. Depending on the severity of the 
interference, the proponent must eliminate harmful EMI either by 
adjusting operating parameters (for example, employing extra filtering 
or reducing effective radiated power), or by ceasing transmissions, as 
may be required by the FCC and the FAA. Failure to provide successful 
EMI mitigation techniques will result in referral to the FCC's 
Enforcement Bureau for possible enforcement action. (3) This policy 
only applies to current technologies and modulation techniques (analog, 
TDMA, GSM, etc.) existing in the wireless radiotelephone environment on 
the date of issuance of this policy. Any future technologies placed 
into commercial service by wireless service providers, although 
operating on the frequencies mentioned above, must either coordinate 
the new technology with the FAA's Office of Spectrum Policy and 
Management or must provide notification to the FAA under 14 CFR part 77 
procedures.
    The FAA will revise the conditional language in future cases 
involving Determinations of No Hazard to reflect this policy. 
Furthermore, this policy applies retroactively to any structure for 
which the FAA has issued a Determination of No Hazard.

    Issued in Washington, DC, on April 21, 2004.
Marion C. Blakey,
Administrator.
[FR Doc. 04-9513 Filed 4-26-04; 8:45 am]
BILLING CODE 4910-13-P