[Federal Register Volume 69, Number 113 (Monday, June 14, 2004)]
[Rules and Regulations]
[Pages 32877-32886]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-13323]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 2, 87 and 95

[WT Docket No. 01-289; RM-9499; FCC 03-238]


Aviation Communications

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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

SUMMARY: In this document the Commission amends its rules to 
accommodate technological advances, facilitate operational flexibility, 
and promote spectral efficiency in the Aviation Radio Service. The 
purpose of the Report and Order is to streamline and update our rules 
governing the Aviation Radio Service.

DATES: Effective September 13, 2004.

FOR FURTHER INFORMATION CONTACT: Jeffrey Tobias, [email protected], 
Public Safety and Critical Infrastructure Division, Wireless 
Telecommunications Bureau, (202) 418-0680, or TTY (202) 418-7233.

SUPPLEMENTARY INFORMATION: This is a summary of the Federal 
Communications Commission's Report and Order, FCC 03-238, adopted on 
October 6, 2003, and released on October 16, 2003. The full text of 
this document is available for inspection

[[Page 32878]]

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, Qualex International, 
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 contacting Brian Millin at 
(202) 418-7426 or TTY (202) 418-7365 or at [email protected].
    1. In the Report and Order, the FCC adopts changes to part 87 of 
the Commission's rules that were either proposed in or suggested in 
response to the Notice of Proposed Rule Making (``NPRM'') in this 
proceeding. The NPRM, released on October 16, 2001, 66 FR 64785 
(December 14, 2001), proposed rule changes that were intended to 
consolidate, revise and streamline our rules governing aviation 
communications. These changes were proposed to ensure that the part 87 
rules reflect recent technological advances and are consistent with 
other Commission rules. In addition, changes were proposed to eliminate 
regulations that are duplicative, outmoded, or otherwise unnecessary in 
the Aviation Radio Service.
    2. The significant actions taken in this Report and Order are as 
follows: (i) Updating the technical specifications for Aeronautical 
Mobile Satellite (Route) Service (AMS(R)S) equipment; (ii) permitting 
certification of dual spacing transceivers to accommodate aircraft 
operating in countries that employ 8.33 kHz channel spacing; (iii) 
extending license terms of non-aircraft stations from five to ten 
years; (iv) extending the construction period for aeronautical advisory 
stations (unicoms) and radionavigation land station from eight months 
to one year; (v) eliminating all references to the Civil Air Patrol 
from part 87; (vi) authorizing use of the Differential Global 
Positioning System (DGPS) in the 108-117.975 MHz and 1559-1610 MHz 
bands on a non-developmental basis, while also requiring DGPS receivers 
to meet minimum interference immunity requirements; (vii) modifying the 
licensing procedures and eligibility requirements for unicoms; and 
(viii) retaining the rule specifying that there may be only one 
aeronautical enroute station licensee per location, while clarifying 
that the licensee is expected to provide access to the spectrum on a 
reasonable, nondiscriminatory basis.

I. Regulatory Matters

A. Paperwork Reduction Act

    3. The Report and Order does not contain any new or modified 
information collection.

B. Final Regulatory Flexibility Certification

    4. The Regulatory Flexibility Act of 1980, as amended (RFA), 
requires that a regulatory flexibility analysis be prepared for notice-
and-comment rule making proceedings, unless the agency certifies that 
``the rule will not, if promulgated, have a significant economic impact 
on a substantial number of small entities.'' The RFA generally 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: (i) Is independently owned and 
operated; (ii) is not dominant in its field of operation; and (iii) 
satisfies any additional criteria established by the SBA.
    5. The purpose of the Report and Order is to streamline and update 
our part 87 rules governing the Aviation Radio Service. We believe that 
the rules adopted in the Report and Order do not impose any additional 
compliance burden on small entities.
    6. We have identified those small entities that could conceivably 
be affected by the rule changes adopted herein. Small businesses in the 
aviation and marine radio services use a marine very high frequency 
(VHF) radio, any type of emergency position indicating radio beacon 
(EPIRB) and/or radar, a VHF aircraft radio, and/or any type of 
emergency locator transmitter (ELT). The adopted rules may also affect 
small businesses that manufacture radio equipment. However, we 
anticipate that these rule changes will not impose any new burdens on 
small entities, but in fact will reduce regulatory and procedural 
burdens on small entities. The general effect of the rule changes 
adopted herein is to streamline the rules, remove duplicative 
requirements, provide greater operational flexibility, promote spectrum 
efficiency, facilitate equipment certification, and make our rules 
consistent with international requirements, all of which are measures 
that should have an overall beneficial effect on the regulated 
entities. We certified in the Notice of Proposed Rule Making in this 
proceeding that the rules proposed therein would not, if promulgated, 
have a significant economic impact upon a substantial number of small 
entities, as that term is defined by the RFA, and no party has 
challenged or otherwise commented on that certification.
    7. We therefore certify that the requirements of the Report and 
Order will not have a significant economic impact upon a substantial 
number of small entities, as that term is defined by the RFA.
    8. The Commission will send a copy of the Report and Order, 
including a copy of this final certification, in a report to Congress 
pursuant to the Congressional Review Act. In addition, the Report and 
Order and this final certification will be sent to the Chief Counsel 
for Advocacy of the Small Business Administration.

II. Ordering Clauses

    9. The Commission's Consumer Information Bureau, Reference 
Information Center, shall send a copy of this Report and Order 
including the Regulatory Flexibility Certification and to the Chief 
Counsel for Advocacy of the Small Business Administration.

List of Subjects

47 CFR Part 2

    Radio.

47 CFR Parts 87 and 95

    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 2, 87 and 95 as follows:

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

0
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.


0
2. Section 2.106 is amended as follows:
0
a. In the list of International Footnotes under heading I., add 
footnotes 5.197A and 5.328B.
0
b. In the list of United States (US) Footnotes, revise footnote US31 
and add footnote US343.
    The revisions and additions read as follows:


Sec.  2.106  Table of Frequency Allocations.

* * * * *

[[Page 32879]]

International Footnotes

* * * * *
    5.197A The band 108-117.975 MHz may also be used by the 
aeronautical mobile (R) service on a primary basis, limited to systems 
that transmit navigational information in support of air navigation and 
surveillance functions in accordance with recognized international 
aviation standards. Such use shall be in accordance with Resolution 413 
(WRC-03) and shall not cause harmful interference to nor claim 
protection from stations operating in the aeronautical radionavigation 
service which operate in accordance with international aeronautical 
standards.
* * * * *
    5.328B The use of the bands 1164-1300 MHz, 1559-1610 MHz and 5010-
5030 MHz by systems and networks in the radionavigation-satellite 
service for which complete coordination or notification information, as 
appropriate, is received by the Radiocommunication Bureau after 1 
January 2005 is subject to the application of the provisions of Nos. 
9.12, 9.12A and 9.13. Resolution 610 (WRC-03) shall also apply.
* * * * *

United States (US) Footnotes

* * * * *
    US31 The frequencies 122.700, 122.725, 122.750, 122.800, 122.950, 
122.975, 123.000, 123.050 and 123.075 MHz may be assigned to 
aeronautical advisory stations. In addition, at landing areas having a 
part-time or no airdrome control tower or FAA flight service station, 
these frequencies may be assigned on a secondary non-interference basis 
to aeronautical utility mobile stations, and may be used by FAA ground 
vehicles for safety related communications during inspections conducted 
at such landing areas.
    The frequencies 122.850, 122.900 and 122.925 MHz may be assigned to 
aeronautical multicom stations. In addition, 122.850 MHz may be 
assigned on a secondary noninterference basis to aeronautical utility 
mobile stations. In case of 122.925 MHz, US213 applies.
    Air carrier aircraft stations may use 122.000 and 122.050 MHz for 
communication with aeronautical stations of the Federal Aviation 
Administration and 122.700, 122.800, 122.900 and 123.000 MHz for 
communications with aeronautical stations pertaining to safety of 
flight with and in the vicinity of landing areas not served by a 
control tower.
    Frequencies in the band 121.9375-122.6875 MHz may be used by 
aeronautical stations of the Federal Aviation Administration for 
communication with aircraft stations.
* * * * *
    US343 Differential-Global-Positioning-System (DGPS) Stations, 
limited to ground-based transmitters, may be authorized on a primary 
basis in the bands 108-117.975 and 1559-1610 MHz for the specific 
purpose of transmitting DGPS information intended for aircraft 
navigation. Such use shall be in accordance with ITU Resolution 413 
(WRC-03).
* * * * *

PART 87--AVIATION SERVICES

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

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


0
4. Section 87.5 is amended by removing the entry for Civil Air Patrol 
Station and by adding the following three entries in alphabetical order 
to read as follows:


Sec.  87.5  Definitions.

* * * * *
    Automatic terminal information service-broadcast (ATIS-B). The 
automatic provision of current, routine information to arriving and 
departing aircraft throughout a 24-hour period or a specified portion 
thereof.
* * * * *
    Differential GPS (DGPS). A system which transmits corrections to 
the GPS derived position.
* * * * *
    Flight Information Service-Broadcast (FIS-B). A broadcast service 
provided for the purpose of giving advice and information useful for 
the safe and efficient conduct of flights.
* * * * *


Sec.  87.25  [Amended]

0
5. Section 87.25 is amended by removing paragraph (f).

0
6. Section 87.27 is amended by removing paragraph (b), redesignating 
paragraph (c) as paragraph (b), and revising paragraph (a) to read as 
follows:


Sec.  87.27  License term.

    (a) Licenses for stations in the aviation services will normally be 
issued for a term of ten years from the date of original issuance, or 
renewal.
* * * * *

0
7. Section 87.45 is revised to read as follows:


Sec.  87.45  Time in which station is placed in operation.

    This section applies only to unicom stations and radionavigation 
land stations, excluding radionavigation land test stations. When a new 
license has been issued or additional operating frequencies have been 
authorized, the station or frequencies must be placed in operation no 
later than one year from the date of the grant. The licensee must 
notify the Commission in accordance with Sec.  1.946 of this chapter 
that the station or frequencies have been placed in operation.

0
8. Section 87.109 is revised to read as follows:


Sec.  87.109  Station logs.

    (a) A station at a fixed location in the international aeronautical 
mobile service must maintain a log in accordance with Annex 10 of the 
ICAO Convention.
    (b) A station log must contain the following information:
    (1) The name of the agency operating the station.
    (2) The identification of the station.
    (3) The date.
    (4) The time of opening and closing the station.
    (5) The frequencies being guarded and the type of watch (continuous 
or scheduled) being maintained on each frequency.
    (6) Except at intermediate mechanical relay stations where the 
provisions of this paragraph need not be complied with, a record of 
each communication showing text of communication, time communications 
completed, station(s) communicated with, and frequency used.
    (7) All distress communications and action thereon.
    (8) A brief description of communications conditions and 
difficulties, including harmful interference. Such entries should 
include, whenever practicable, the time at which interference was 
experienced, the character, radio frequency and identification of the 
interfering signal.
    (9) A brief description of interruption to communications due to 
equipment failure or other troubles, giving the duration of the 
interruption and action taken.
    (10) Such additional information as may be considered by the 
operator to be of value as part of the record of the stations 
operations.
    (c) Stations maintaining written logs must also enter the signature 
of each operator, with the time the operator assumes and relinquishes a 
watch.

0
9. Section 87.111 is revised to read as follows:


Sec.  87.111  Suspension or discontinuance of operation.

    The licensee of any airport control tower station or 
radionavigation land

[[Page 32880]]

station must notify the nearest FAA regional office upon the temporary 
suspension or permanent discontinuance of the station. The FAA regional 
office must be notified again when service resumes.

0
10. Section 87.131 is amended by revising the table entries for 
Aeronautical enroute and aeronautical fixed stations, Aircraft 
(Communication) stations--frequency bands UHF, VHF, HF, HF, Aircraft 
earth stations, and footnote 8 to read as follows:


Sec.  87.131  Power and emissions.

* * * * *

----------------------------------------------------------------------------------------------------------------
                                          Frequency  band/      Authorized emission(s)
          Class of station                   frequency                   \9\                Maximum power \1\
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Aeronautical enroute and              HF.....................  R3E, H3E, J3E, J7B,      6 kw.
 aeronautical fixed.                                            H2B, J2D.
                                      HF.....................  A1A, F1B, J2A, J2B.....  1.5 kw.
                                      VHF....................  A3E, A9W G1D, A2D......
 
                                                  * * * * * * *
Aircraft (Communication)............  UHF....................  F2D, F9D, F7D..........  25 watts.
                                      VHF....................  A3E, A9W, G1D, G7D, A2D  55 watts.
                                      HF.....................  R3E, H3E, J3E, J7B,      400 watts.
                                                                H2B, J7D, J9W.
                                      HF.....................  A1A, F1B, J2A, J2B.....  100 watts.
 
                                                  * * * * * * *
Aircraft earth......................  UHF....................  G1D, G1E, G1W..........  60 watts.\8\
 
                                                 * * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
\8\ Power may not exceed 60 watts per carrier, as measured at the input of the antenna subsystem, including any
  installed diplexer. The maximum EIRP may not exceed 2000 watts per carrier.

* * * * *

0
11. Section 87.133 is amended by revising paragraph (c) to read as 
follows:


Sec.  87.133  Frequency stability.

* * * * *
    (c) For single-sideband transmitters, the tolerance is:
    (1) All aeronautical stations on land--10 Hz.
    (2) All aircraft stations--20 Hz.
* * * * *
0
12. Section 87.137 is amended by revising the entries for A3E \2\, A3E, 
F9D, G1D, G1E \16\, and G1W \16\ in the table in paragraph (a) and 
footnotes 2, 3, 9, 16 and by adding footnote 17 to read as follows:


Sec.  87.137  Types of emission.

    (a) * * *

----------------------------------------------------------------------------------------------------------------
                                                                   Authorized bandwidth (kilohertz)
                                       Emission      -----------------------------------------------------------
        Class of emission             designator                                                   Frequency
                                                         Below 50 MHz        Above 50 MHz          deviation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
    A3E \2\.....................  6K00A3E...........  ..................  50\3\.............  ..................
    A3E.........................  5K6A3E............  ..................  8.33 kHz \17\.....  ..................
 
                                                  * * * * * * *
F9D.............................  5M0F9D............  ..................  \9\...............  ..................
G1D.............................  16K0G1D...........  ..................  20 kHz............  ..................
 
                                                  * * * * * * *
G1E \16\........................  21K0G1E...........  ..................  25................  ..................
G1W \16\........................  21K0G1W...........  ..................  25................  ..................
 
                                                 * * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
\2\ For use with an authorized bandwidth of 8.0 kilohertz at radiobeacon stations. A3E will not be authorized:
(i) At existing radiobeacon stations that are not authorized to use A3 and at new radiobeacon stations unless
  specifically recommended by the FAA for safety purposes.
(ii) At existing radiobeacon stations currently authorized to use A3, subsequent to January 1, 1990, unless
  specificallly recommended by the FAA for safety purposes.
\3\ In the band 117.975-136 MHz, the authorized bandwidth is 25 kHz for transmitters approved after January 1,
  1974.
\9\ To be specified on license.
* * * * *
\16\ Authorized for use by aircraft earth stations. Lower values of necessary and authorized bandwidth are
  permitted.
\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 by avionics
  equipment manufacturers, and Flight Test Stations, which are required to perform installation and checkout of
  such radio systems prior to delivery to their customers for use outside U.S. controlled airspace. 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.
* * * * *


[[Page 32881]]


0
13. Section 87.139 is amended by removing paragraph (i)(2), 
redesignating paragraphs (i)(3) and (i)(4) as paragraphs (i)(2) and 
(i)(3), and revising paragraphs (h), (i)(1), and newly designated 
paragraph (i)(3) to read as follows:


Sec.  87.139  Emission limitations.

* * * * *
    (h) For ELTs operating on 121.500 MHz, 243.000 MHz and 406.0-406.1 
MHz the mean power of any emission must be attenuated below the mean 
power of the transmitter (pY) as follows:
    (1) When the frequency is moved from the assigned frequency by more 
than 50 percent up to and including 100 percent of the authorized 
bandwidth the attenuation must be at least 25 dB;
    (2) When the frequency is removed from the assigned frequency by 
more than 100 percent of the authorized bandwidth the attenuation must 
be at least 30 dB.
    (i) * * *
    (1) At rated output power, while transmitting a modulated single 
carrier, the composite spurious and noise output shall be attenuated by 
at least:

------------------------------------------------------------------------
              Frequency (MHz)                    Attenuation (dB)\1\
------------------------------------------------------------------------
0.01 to 1525..............................  -135 dB/4 kHz
1525 to 1559..............................  -203 dB/4 kHz
1559 to 1585..............................  -155 dB/MHz
1585 to 1605..............................  -143 dB/MHz
1605 to 1610..............................  -117 dB/MHz
1610 to 1610.6............................  -95 dB/MHz
1610.6 to 1613.8..........................  -80 dBW/MHz\3\
1613.8 to 1614............................  -95 dB/MHz
1614 to 1626.5............................  -70 dB/4 kHz
1626.5 to 1660............................  -70 dB/4 kHz2, 3, 4
1660 to 1670..............................  -49.5 dBW/20 kHz2, 3, 4
1670 to 1735..............................  -60 dB/4 kHz
1735 to 12000.............................  -105 dB/4 kHz
12000 to 18000............................  -70 dB/4 kHz
------------------------------------------------------------------------
\1\ These values are expressed in dB referenced to the carrier for the
  bandwidth indicated, and relative to the maximum emission envelope
  level, except where the attenuation is shown in dBW, the attenuation
  is expressed in terms of absolute power referenced to the bandwidth
  indicated.
\2\ Attenuation measured within the transmit band excludes the band
   35 kHz of the carrier frequency.
\3\ This level is not applicable for intermodulation products.
\4\ The upper limit for the excess power for any narrow-band spurious
  emission (excluding intermodulation products within a 30 kHz
  measurement bandwidth) shall be 10 dB above the power limit in this
  table.

* * * * *
    (3) * * *

------------------------------------------------------------------------
                                                             Attenuation
            Frequency Offset (normalized to SR)                  (dB)
------------------------------------------------------------------------
+/-0.75 x SR...............................................            0
+/-1.40 x SR...............................................           20
+/-2.95 x SR...............................................           40
------------------------------------------------------------------------


Where:

SR = Symbol Rate,
SR = 1 x channel rate for BPSK,
SR = 0.5 x channel rate for QPSK.
* * * * *


Sec.  87.145  [Amended]

0
14. Section 87.145 is amended by removing paragraph (c)(1) and 
redesignating paragraphs (c)(2) through (c)(5) as paragraphs (c)(1) 
through (c)(4).

0
15. Section 87.147 is amended by revising paragraphs (d) introductory 
text (d)(2), (d)(3), and (e) and by adding paragraph (f) to read as 
follows:


Sec.  87.147  Authorization of equipment.

* * * * *
    (d) An applicant for certification of equipment intended for 
transmission in any of the frequency bands listed in paragraph (d)(3) 
of this section must notify the FAA of the filing of a certification 
application. The letter of notification must be mailed to: FAA, Office 
of Spectrum Policy and Management, ASR-1, 800 Independence Ave., SW., 
Washington, DC 20591 prior to the filing of the application with the 
Commission.
* * * * *
    (2) The certification application must include a copy of the 
notification letter to the FAA. The Commission will not act until it 
receives the FAA's determination regarding whether it objects to the 
application for equipment authorization. The FAA should mail its 
determination to: Office of Engineering and Technology Laboratory, 
Authorization and Evaluation Division, 7435 Oakland Mills Rd., 
Columbia, MD 21046. The Commission will consider the FAA determination 
before taking final action on the application.
    (3) The frequency bands are as follows:

90-110 kHz
190-285 kHz
325-435 kHz
74.800 MHz to 75.200 MHz
108.000 MHz to 137.000 MHz
328.600 MHz to 335.400 MHz
960.000 MHz to 1215.000 MHz
1545.000 MHz to 1626.500 MHz
1646.500 MHz to 1660.500 MHz
5000.000 MHz to 5250.000 MHz
14.000 GHz to 14.400 GHz
15.400 GHz to 15.700 GHz
24.250 GHz to 25.250 GHz
31.800 GHz to 33.400 GHz

    (e) Verification reports for ELTs capable of operating on the 
frequency 406.0-406.1 MHz must include sufficient documentation to show 
that the ELT meets the requirements of Sec.  87.199(a). A letter 
notifying the FAA of the ELT verification must be mailed to: FAA, 
Office of Spectrum Policy and Management, ASR-1, 800 Independence 
Avenue SW., Washington, DC 20591.
    (f) Certification may be requested for equipment that has the 
capability to transmit in the 138-144 MHz, 148-149.9 MHz, or 150.5-
150.8 MHz bands as well as frequency bands set forth in Sec.  87.173. 
The Commission will only certify this equipment for use in the bands 
regulated by this part.

0
16. Section 87.151 is added to read as follows:


Sec.  87.151  Special requirements for differential GPS receivers.

    (a) The receiver shall achieve a message failure rate less than or 
equal to one failed message per 1000 full-length (222 bytes) 
application data messages, while operating over a range from -87 dBm to 
-1 dBm, provided that the variation in the average received signal 
power between successive bursts in a given time slot shall not exceed 
40 dB. Failed messages include those lost by the VHF data receiver 
system or which do not pass the cyclic redundancy check (CRC) after 
application of the forward error correction (FEC).
    (b) The aircraft receiving antenna can be horizontally or 
vertically polarized. Due to the difference in the signal strength of 
horizontally and vertically polarized components of the broadcast 
signal, the total aircraft implementation loss is limited to 15 dB for 
horizontally polarized receiving antennas and 11 dB for vertically 
polarized receiving antennas.
    (c) Desensitization. The receiver shall meet the requirements 
specified in paragraph (a) of this section in the presence of VHF-FM 
broadcast signals in accord with following tables.
    (1) Maximum levels of undesired signals.

------------------------------------------------------------------------
                                             Maximum level of undesired
               Frequency \1\                signal at the receiver input
                                                        (dBm)
------------------------------------------------------------------------
50 kHz up to 88 MHz.......................  -13
88 MHz-107.900 MHz........................  [see paragraph (c)(2)]
108.000 MHz-117.975 MHz...................  excluded

[[Page 32882]]

 
118MHz....................................  -44
118.025 MHz...............................  -41
118.050 MHz up to 1660.5 MHz..............  -13
------------------------------------------------------------------------
\1\ The relationship is linear between single adjacent points designated
  by the above frequencies.

    (2) Desensitization frequency and power requirements for the 
frequencies 108.025 MHz to 111.975 MHz.

------------------------------------------------------------------------
                                                               Maximum
                                                               level of
                                                              undesired
                       Frequency \1\                          signal at
                                                                 the
                                                               receiver
                                                             input (dBm)
------------------------------------------------------------------------
88 MHz <= f <= 102 MHz.....................................           15
104 MHz....................................................           10
106 MHz....................................................            5
107.9 MHz..................................................         -10
------------------------------------------------------------------------
\1\ The relationship is linear between single adjacent points designated
  by the above frequencies.

    (3) Desensitization frequency and power requirements for the 
frequencies 112.00 MHz to 117.975 MHz.

------------------------------------------------------------------------
                                                               Maximum
                                                               level of
                                                              undesired
                       Frequency \1\                          signal at
                                                                 the
                                                               receiver
                                                             input (dBm)
------------------------------------------------------------------------
88 MHz <= f <= 104 MHz.....................................           15
106 MHz....................................................           10
107 MHz....................................................            5
107.9 MHz..................................................           0
------------------------------------------------------------------------
\1\ The relationship is linear between single adjacent points designated
  by the above frequencies.

    (d) Intermodulation Immunity. The receiver shall meet the 
requirements specified in paragraph (a) of this section in the presence 
of interference from two-signal, third order intermodulation products 
of two VHF-FM broadcast signals having levels in accordance with the 
following:
    (1) 2N1 + N2 + 72 <= 0 for VHF-FM sound 
broadcasting signals in the range 107.7-108 MHz; and
    (2) 2N1 + N2 + 3 (24 -20log delta f/0.4) <= 0 
for VHF-FM sound broadcasting signals below 107.7 MHz, where the 
frequencies of the two VHF-FM sound broadcasting signals produce, 
within the receiver, a two signal, third-order intermodulation product 
on the desired VDB frequency.
    (3) In the formulas in paragraphs (d)(1) and (d)(2) of this 
section, N1 and N2 are the levels (dBm) of the 
two VHF FM sound broadcasting signals at the VHF data broadcast (VDB) 
receiver input. Neither level shall exceed the desensitization criteria 
set forth in paragraph (c) of this section. Delta f = 108.1 - f1, where 
f1 is the frequency of N1, the VHF FM sound broadcasting 
signal closer to 108.1 MHz.

0
17. Section 87.169 is revised to read as follows:


Sec.  87.169  Scope.

    This subpart contains class of station symbols and a frequency 
table which lists assignable frequencies. Frequencies in the Aviation 
Services will transmit communications for the safe, expeditious, and 
economic operation of aircraft and the protection of life and property 
in the air. Each class of land station may communicate in accordance 
with the particular sections of this part which govern these classes. 
Land stations in the Aviation Services in Alaska may transmit messages 
concerning sickness, death, weather, ice conditions or other matters 
relating to safety of life and property if there is no other 
established means of communications between the points in question and 
no charge is made for the communications service.

0
18. Section 87.171 is amended by adding, in alphabetical order, the 
symbols and class of station for GCO, RCO, RLD, RNV, and RPC, and by 
removing the symbol and class of station for FAP to read as follows:


Sec.  87.171  Class of station symbols.

* * * * *
    GCO--Ground Communication Outlet
* * * * *
    RCO--Remote Communications Outlet
* * * * *
    RLD--RADAR/TEST
* * * * *
    RNV--Radio Navigation Land/DME
    RPC--Ramp Control
* * * * *

0
19. Section 87.173 is amended by revising the entries for 325-405 kHz, 
2371.0 kHz, 2374.0 kHz, 2935.0 kHz, 4466.0 kHz, 4469.0 kHz, 4506.0 kHz, 
4509.0 kHz, 4582.0 kHz, 4585.0 kHz, 4601.0 kHz, 4604.0 kHz, 4627.0 kHz, 
4630.0 kHz, 26618.5 kHz, 26620.0 kHz, 26621.5 kHz, 108.000-117.950 MHz, 
118.000-121.400 MHz, 121.600-121.925 MHz, 121.975 MHz, 122.000 MHz, 
122.025 MHz, 122.050 MHz, 122.075 MHz, 122.100 MHz, 122.125-122.675 
MHz, 122.725 MHz, 122.950 MHz, 122.975 MHz, 123.050 MHz, 123.075 MHz, 
123.6-128.8 MHz, 132.025-135.975 MHz, 136.000-136.400 MHz, 136.425 MHz, 
136.450 MHz, 136.475 MHz, 143.900 MHz, 148.150 MHz, 960-1215 MHz, 1559-
1626.5 MHz, 2700-2900 MHz, and 9000-9200 MHz, adding entries for 510-
535 kHz, 108.000-117.975 MHz, 143.750 MHz, 406.0-406.1 MHz, and 1559-
1610 MHz, and removing the entries for 510.525 kHz, 143.75 MHz, and 
406.025 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
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
325-405 kHz.....................  Q..................  RLB................  Radiobeacons.
 
                                                  * * * * * * *
510-535 kHz.....................  Q..................  RLB................  Radiobeacons.
2371.0 kHz......................  ...................  ...................  [Reserved].
2374.0 kHz......................  ...................  ...................  [Reserved].
 
                                                  * * * * * * *
2935.0 kHz......................  I..................  MA, FAE............  International HF (NP).
 
                                                  * * * * * * *
4466.0 kHz......................  ...................  ...................  [Reserved].
4469.0 kHz......................  ...................  ...................  [Reserved].
4506.0 kHz......................  ...................  ...................  [Reserved].
4509.0 kHz......................  ...................  ...................  [Reserved].

[[Page 32883]]

 
 
                                                  * * * * * * *
4582.0 kHz......................  ...................  ...................  [Reserved].
4585.0 kHz......................  ...................  ...................  [Reserved].
4601.0 kHz......................  ...................  ...................  [Reserved].
4604.0 kHz......................  ...................  ...................  [Reserved].
4627.0 kHz......................  ...................  ...................  [Reserved].
4630.0 kHz......................  ...................  ...................  [Reserved].
 
                                                  * * * * * * *
26618.5 kHz.....................  ...................  ...................  [Reserved].
26620.0 kHz.....................  ...................  ...................  [Reserved].
26621.5 kHz.....................  ...................  ...................  [Reserved].
 
                                                  * * * * * * *
108.000-117.950 MHz.............  Q..................  RLO................  VHF omni-range.
108.000-117.975 MHz.............  Q..................  DGP................  Differential GPS.
 
                                                  * * * * * * *
118.000-121.400 MHz.............  O..................  MA, FAC, FAW, GCO,   25 kHz channel spacing.
                                                        RCO, RPC.
 
                                                  * * * * * * *
121.600-121.925 MHz.............  I, O, L, Q.........  MA, FAC, MOU, RLT,   25 kHz channel spacing.
                                                        GCO, RCO, RPC.
 
                                                  * * * * * * *
121.975 MHz.....................  F..................  MA, FAW, FAC, MOU..  Air traffic control operations.
122.000 MHz.....................  F..................  MA, FAC, MOU.......  Air carrier and private aircraft
                                                                             enroute flight advisory service
                                                                             provided by FAA.
122.025 MHz.....................  F..................  MA, FAC, MOU.......  Air traffic control operations.
122.050 MHz.....................  F..................  MA, FAC, MOU.......  Air traffic control operations.
122.075 MHz.....................  F..................  MA, FAW, FAC, MOU..  Air traffic control operations.
122.100 MHz.....................  F, O...............  MA, FAC, MOU.......  Air traffic control operations.
122.125-122.675 MHz.............  F..................  MA, FAC, MOU.......  Air traffic control operations; 25
                                                                             kHz spacing.
 
                                                  * * * * * * *
122.725 MHz.....................  G, L...............  MA, FAU, MOU.......  Unicom at airports with no control
                                                                             tower; Aeronautical utility
                                                                             stations.
 
                                                  * * * * * * *
122.950 MHz.....................  G, L...............  MA, FAU, MOU.......  Unicom at airports with no control
                                                                             tower; Aeronautical utility
                                                                             stations.
122.975 MHz.....................  G, L...............  MA, FAU, MOU.......  Unicom at airports with no control
                                                                             tower; Aeronautical utility
                                                                             stations.
 
                                                  * * * * * * *
123.050 MHz.....................  G, L...............  MA, FAU, MOU.......  Unicom at airports with no control
                                                                             tower; Aeronautical utility
                                                                             stations.
123.075 MHz.....................  G, L...............  MA, FAU, MOU.......  Unicom at airports with no control
                                                                             tower; Aeronautical utility
                                                                             stations.
 
                                                  * * * * * * *
123.6-128.8 MHz.................  O..................  MA, FAC, FAW, GCO,   25 kHz channel spacing.
                                                        RCO, RPC.
 
                                                  * * * * * * *
132.025-135.975 MHz.............  O..................  MA, FAC, FAW, GCO,   25 kHz channel spacing.
                                                        RCO, RPC.

[[Page 32884]]

 
136.000-136.400 MHz.............  O, S...............  MA, FAC, FAW, GCO,   Air traffic control operations; 25
                                                        RCO, RPC.            kHz channel spacing.
136.425 MHz.....................  O, S...............  MA, FAC, FAW, GCO,   Air traffic control operations.
                                                        RCO, RPC.
136.450 MHz.....................  O, S...............  MA, FAC, FAW, GCO,   Air traffic control operations.
                                                        RCO, RPC.
136.475 MHz.....................  O, S...............  MA, FAC, FAW, GCO,   Air traffic control operations.
                                                        RCO, RPC.
 
                                                  * * * * * * *
143.750 MHz.....................  ...................  ...................  [Reserved].
143.900 MHz.....................  ...................  ...................  [Reserved].
148.150 MHz.....................  ...................  ...................  [Reserved].
 
                                                  * * * * * * *
406.0-406.1 MHz.................  F, G, H, I, J, K,    MA, FAU, FAE, FAT,   Emergency and distress.
                                   M, O.                FAS, FAC, FAM, FAP.
960-1215 MHz....................  F, Q...............  MA, RL, RNV........  Electronic aids to air navigation.
 
                                                  * * * * * * *
1559-1610 MHz...................  Q..................  DGP................  Differential GPS.
1559-1626.5 MHz.................  F, Q...............  MA, RL.............  Aeronautical radionavigation.
 
                                                  * * * * * * *
2700-2900 MHz...................  Q..................  RLS, RLD...........  Airport surveillance and weather
                                                                             radar.
 
                                                  * * * * * * *
9000-9200 MHz...................  Q..................  RLS, RLD...........  Land-based radar.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------


0
20. Section 87.187 is amended by revising paragraphs (m) and (q) and 
adding a new paragraph (ee) to read as follows:


Sec.  87.187  Frequencies.

* * * * *
    (m) The frequency 406.0-406.1 MHz is an emergency and distress 
frequency available for use by emergency locator transmitters. Use of 
this frequency must be limited to transmission of distress and safety 
communications.
* * * * *
    (q)(1) The frequencies in the bands 1545.000-1559.000 MHz, 
1610.000-1626.500 MHz, 1646.500-1660.500 MHz, and 5000.000-5150.000 MHz 
are authorized for use by the Aeronautical Mobile-Satellite (R) 
Service. The use of the bands 1544.000-1545.000 MHz (space-to-Earth) 
and 1645.500-1646.500 MHz (Earth-to-space) by the Mobile-Satellite 
Service is limited to distress and safety operations. In the frequency 
bands 1549.500-1558.500 MHz, 1610.000-1626.500 MHz 1651.000-1660.000 
MHz, and 5000.000-5150.000 MHz, the Aeronautical Mobile-Satellite (R) 
requirements that cannot be accommodated in the 1545.000-1549.5000 MHz, 
1558.500-1559.000 MHz, 1646.500-1651.000 MHz, and 1660.000-1660.500 MHz 
bands shall have priority access with real-time preemptive capability 
for communications in the Mobile-Satellite Service. Systems not 
interoperable with the Aeronautical Mobile-Satellite (R) Service shall 
operate on a secondary basis. Account shall be taken of the priority of 
safety-related communications in the Mobile-Satellite Service.
    (2) In the frequency bands 1549.5-1558.5 MHz, 1610-1626.5 MHz, 
1651-1660 MHz and 5000-5150 MHz, the Aeronautical-Mobile-Satellite 
(Route) Service requirements that cannot be accommodated in the 1545-
1549.5 MHz, 1558.5-1559 MHz, 1646.5-1651 MHz and 1660-1660.5 MHz bands 
shall have priority access with real-time preemptive capability for 
communications in the mobile satellite service. Systems not 
interoperable with the Aeronautical Mobile-Satellite (Route) Service 
shall operate on a secondary basis. Account shall be taken of the 
priority of safety-related communications in the mobile-satellite 
service.
* * * * *
    (ee) The frequency 121.95 MHz is authorized for air-to-ground and 
air-to-air communications for aircraft up to 13000 feet above mean sea 
level (AMSL) within the area bounded by the following coordinates (all 
coordinates are referenced to North American Datum 1983 (NAD83)):

32-35-00 N. Lat.; 117-12-00 W. Long.
32-42-00 N. Lat.; 116-56-00 W. Long.
32-41-00 N. Lat.; 116-41-00 W. Long.
32-35-00 N. Lat.; 116-38-00 W. Long.
    32-31-00 N. Lat.; 117-11-00 W. Long.


0
21. Section 87.189 is amended by revising paragraph (c) to read as 
follows:


Sec.  87.189  Requirements for public correspondence equipment and 
operations.

* * * * *
    (c) A continuous watch must be maintained on the frequencies used 
for safety and regularity of flight while public correspondence 
communications are being handled. For aircraft earth stations, this 
requirement is satisfied by compliance with the priority and preemptive 
access requirements of Sec.  87.187(q).
* * * * *

0
22. Section 87.195 is amended by revising paragraph (a) to read as 
follows:


Sec.  87.195  Frequencies.

    (a) ELTs transmit on the frequency 121.500 MHz, using A3E, A3X or 
NON

[[Page 32885]]

emission. ELTs that transmit on the frequency 406.0-406.1 MHz use G1D 
emission.
* * * * *

0
23. Section 87.199 is revised to read as follows:


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

    (a) 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. This RTCA document is incorporated by 
reference in accordance with 5 U.S.C. 552(a), and 1 CFR part 51. Copies 
of the document are available and may be obtained from the Radio 
Technical Commission of Aeronautics, One McPherson Square, 1425 K 
Street NW., Washington, DC 20005. The document is available for 
inspection at Commission headquarters at 445 12th Street, SW., 
Washington, DC 20554. Copies may also be inspected at the Office of the 
Federal Register, 800 North Capital Street NW., suite 700, Washington, 
DC.
    (b) The 406.0-406.1 MHz ELT must contain as an integral part a 
homing beacon operating only on 121.500 MHz that meets all the 
requirements described in the RTCA Recommended Standards document 
described in paragraph (a) of this section. The 121.500 MHz homing 
beacon must have a continuous duty cycle that may be interrupted during 
the transmission of the 406.0-406.1 MHz signal only.
    (c) Prior to verification of a 406.0-406.1 MHz ELT, the ELT must be 
certified by a test facility recognized by one of the COSPAS/SARSAT 
Partners that the equipment satisfies the design characteristics 
associated with the COSPAS/SARSAT document COSPAS/SARSAT 406 MHz 
Distress Beacon Type Approval Standard (C/S T.007). Additionally, an 
independent test facility must certify that the ELT complies with the 
electrical and environmental standards associated with the RTCA 
Recommended Standards.
    (d) The procedures for verification are contained in subpart J of 
part 2 of this chapter.
    (e) An identification code, issued by the National Oceanic and 
Atmospheric Administration (NOAA), the United States Program Manager 
for the 406.0-406.1 MHz COSPAS/SARSAT satellite system, must be 
programmed in each ELT unit to establish a unique identification for 
each ELT station. With each marketable ELT unit the manufacturer or 
grantee must include a postage pre-paid registration card printed with 
the ELT identification code addressed to: NOAA/SARSAT Beacon 
Registration, E/SP3, Federal Building 4, Room 3320, 5200 Auth Road, 
Suitland, MD 20746-4304. The registration card must request the owner's 
name, address, telephone, type of aircraft, alternate emergency 
contact, and other information as required by NOAA. The registration 
card must also contain information regarding the availability to 
register the ELT at NOAA's online Web-based registration database at: 
http://www.beaconregistration.noaa.gov. Further, the following 
statement must be included: ``WARNING `` Failure to register this ELT 
with NOAA before installation could result in a monetary forfeiture 
being issued to the owner.''
    (f) To enhance protection of life and property, it is mandatory 
that each 406.0-406.1 MHz ELT must be registered with NOAA before 
installation and that information be kept up-to-date. In addition to 
the identification plate or label requirements contained in Sec. Sec.  
2.925 and 2.926 of this chapter, each 406.0-406.1 MHz ELT must be 
provided on the outside with a clearly discernable permanent plate or 
label containing the following statement: ``The owner of this 406.0-
406.1 MHz ELT must register the NOAA identification code contained on 
this label with the National Oceanic and Atmospheric Administration 
(NOAA), whose address is: NOAA/SARSAT Beacon Registration, E/SP3, 
Federal Building 4, Room 3320, 5200 Auth Road, Suitland, MD 20746-
4304.'' Aircraft owners shall advise NOAA in writing upon change of 
aircraft or ELT ownership, or any other change in registration 
information. Fleet operators must notify NOAA upon transfer of ELT to 
another aircraft outside of the owner's control, or an other change in 
registration information. NOAA will provide registrants with proof of 
registration and change of registration postcards.
    (g) For 406.0-406.1 MHz ELTs whose identification code can be 
changed after manufacture, the identification code shown on the plant 
or label must be easily replaceable using commonly available tools.

0
24. Section 87.215 is amended by redesignating paragraphs (c) and (d) 
as paragraphs (f) and (g), adding new paragraphs (c), (d), and (e), and 
by removing the Effective Date Note to read as follows:


Sec.  87.215  Supplemental eligibility.

* * * * *
    (c) At an airport where only one unicom may be licensed, 
eligibility for new unicom licenses is restricted to State or local 
government entities, and to nongovernmental organizations (NGOs) that 
are authorized to apply for the license by a State or local government 
entity whose primary mission is the provision of public safety 
services. All applications submitted by NGOs must be accompanied by a 
new, written certification of support (for the NGO applicant to operate 
the applied for station) by the state or local government entity. 
Applications for a unicom license at the same airport, where only one 
unicom may be licensed, that are filed by two or more applicants 
meeting these eligibility criteria must be resolved through settlement 
or technical amendment.
    (d) At an airport where only one unicom may be licensed, the 
license may be assigned or transferred only to an entity meeting the 
requirements of paragraph (c) of this section.
    (e) An applicant for renewal of a unicom license shall be granted a 
presumptive renewal expectancy regardless of whether the applicant is 
eligible for a new unicom license under paragraph (c) of this section. 
Unless the renewal expectancy is defeated, applications that are 
mutually exclusive with the renewal application will not be accepted. 
The renewal expectancy may be defeated only upon a determination, 
following a hearing duly designated on the basis of a petition to deny 
or on the Commission's own motion, that the renewal applicant has not 
provided substantial service. For purposes of this paragraph, 
substantial service means service which is sound, favorable, and 
substantially above a level of mediocre service during the applicant's 
past license term. If the renewal expectancy is defeated, the renewal 
application will be dismissed unless the renewal applicant is eligible 
for a new unicom license pursuant to paragraph (c) of this section.
* * * * *

0
25. Section 87.217 is amended by revising paragraph (a) introductory 
text to read as follows:


Sec.  87.217  Frequencies.

    (a) Only one unicom frequency will be assigned at any one airport. 
Applicants must request a particular frequency, which will be taken 
into consideration when the assignment is made. The frequencies 
assignable to unicoms are:
* * * * *

[[Page 32886]]


0
26. Section 87.421 is amended by revising paragraph (c) to read as 
follows:


Sec.  87.421  Frequencies.

* * * * *
    (c) Frequencies in the band 121.600-121.925 MHz are available to 
control towers and RCOs for general air traffic control communications. 
The antenna heights shall be restricted to the minimum necessary to 
achieve the required coverage. Channel spacing is 25 kHz.
* * * * *

0
27. Section 87.475 is amended by revising paragraphs (b)(2) and (c)(2) 
introductory text to read as follows:


Sec.  87.475  Frequencies.

* * * * *
    (b) * * *
    (2) Radiobeacon stations enable an aircraft station to determine 
bearing or direction in relation to the radiobeacon station. 
Radiobeacons operate in the bands 190-285 kHz; 325-435 kHz; 510-525 
kHz; and 525-535 kHz. Radiobeacons may be authorized, primarily for 
off-shore use, in the band 525-535 kHz on a non-interference basis to 
travelers information stations.
* * * * *
    (c) * * *
    (2) The frequencies available for assignment to radionavigation 
land test stations for the testing of airborne receiving equipment are 
108.000 and 108.050 MHz for VHF omni-range; 108.100 and 108.150 MHz for 
localizer; 334.550 and 334.700 MHz for glide slope; 978 and 979 MHz (X 
channel)/1104 MHz (Y channel) for DME; 1030 MHz for air traffic control 
radar beacon transponders; 1090 MHz for Traffic Alert and Collision 
Avoidance Systems (TCAS); and 5031.0 MHz for microwave landing systems. 
Additionally, the frequencies in paragraph (b) of this section may be 
assigned to radionavigation land test stations after coordination with 
the FAA. The following conditions apply:
* * * * *

Subpart R--[Removed and Reserved]

0
28. Remove and reserve subpart R.

0
29. Section 87.529 is revised to read as follows:


Sec.  87.529  Frequencies.

    Prior to submitting an application, each applicant must notify the 
applicable FAA Regional Frequency Management Office. Each application 
must be accompanied by a statement showing the name of the FAA Regional 
Office and date notified. The Commission will assign the frequency. 
Normally, frequencies available for air traffic control operations set 
forth in Subpart E will be assigned to an AWOS, ASOS, or to an ATIS. 
When a licensee has entered into an agreement with the FAA to operate 
the same station as both an AWOS and as an ATIS, or as an ASOS and an 
ATIS, the same frequency will be used in both modes of operation.

PART 95--PERSONAL RADIO SERVICES

0
30. The authority citation for part 95 continues to read as follows:

    Authority: Sections 4, 303, 48 Stat. 1066, 1082, as amended; 47 
U.S.C. 154, 303.


0
31. Section 95.655 is amended by revising paragraph (a) to read as 
follows:


Sec.  95.655  Frequency capability.

    (a) No transmitter will be certificated for use in the CB service 
if it is equipped with a frequency capability not listed in Sec.  
95.625, and no transmitter will be certificated for use in the GMRS if 
it is equipped with a frequency capability not listed in Sec.  95.621, 
unless such transmitter is also certificated for use in another radio 
service for which the frequency is authorized and for which 
certification is also required. (Transmitters with frequency capability 
for the Amateur Radio Services and Military Affiliate Radio System will 
not be certificated.)
* * * * *
[FR Doc. 04-13323 Filed 6-10-04; 8:45 am]
BILLING CODE 6712-01-P