[Federal Register Volume 71, Number 234 (Wednesday, December 6, 2006)]
[Proposed Rules]
[Pages 70710-70715]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-20451]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 2 and 87

[WT Docket No. 01-289; FCC 06-148]


Aviation Communications

AGENCY: Federal Communications Commission.

ACTION: Notice of proposed rulemaking.

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SUMMARY: In this document, the Federal Communications Commission 
(Commission or FCC) invites comment on issues regarding aviation radio, 
in keeping with the Commission's ongoing commitment to periodically 
review and, as needed, revise its aviation services rules in light of 
relevant developments.

DATES: Submit comments on or before March 6, 2007, and reply comments 
are due on or before April 5, 2007.

ADDRESSES: You may submit comments, identified by WT Docket No. 01-289; 
FCC 06-148, by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Federal Communications Commission's Web site: http://www.fcc.gov/cgb/ecfs/. Follow the instructions for submitting comments.
     People with Disabilities: Contact the FCC to request 
reasonable accommodations (accessible format documents, sign language 
interpreters, CART, etc.) by e-mail: [email protected] or phone 202-418-
0530 or TTY: 202-418-0432.
    For detailed instructions for submitting comments and additional 
information on the rulemaking process, see the SUPPLEMENTARY 
INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Jeffrey Tobias, at 
[email protected], Wireless Telecommunications Bureau, (202) 418-
1617, or TTY (202) 418-7233.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Second 
Further Notice of Proposed Rule Making (``Second FNPRM'') in WT Docket 
No. 01-289, 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 [email protected] or by calling the 
Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-
418-0432 (tty).
    1. The WT Docket No. 01-289 rulemaking proceeding was established 
to ensure that part 87 of the Commission's rules remains up-to-date and 
continues 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. The Commission takes the following 
significant actions in the Second FNPRM in WT Docket No. 01-289: (i) 
Invites further comment on technical standards and regulatory 
provisions for Aeronautical Mobile Satellite (Route) Service (AMS(R)S) 
in the 1.6 GHz, 2 GHz, and 5 GHz frequency bands, including whether to 
revise the AMS(R)S technical standards to accommodate additional 
satellite systems and whether to accord priority and preemptive access 
to AMS(R)S communications in these bands; (ii) proposes to delete a 
regulatory provision which permits limited use of the VHF band for 
AMS(R)S communications; (iii) invites comment on whether the Commission 
should consider proposing rules that would require a transition to 8.33 
kHz channelization in the aeronautical enroute service; (iv) invites 
comment on whether the Commission should reduce the number of 
frequencies designated for Flight Information Services--Broadcast (FIS-
B); (v) proposes to codify the terms of special temporary 
authorizations (STAs) permitting the use of specified frequencies for 
air-to-air communications in Hawaii and in the Los Angeles area; (vi) 
proposes to clarify the circumstances under which an airport is limited 
to a single aeronautical advisory station (unicom); (vii) invites 
comment on whether the Commission should permit the assignment and 
transfer of control of aircraft radio licenses; and (viii) invites 
comment on whether the Commission should phase out its authorization of 
emergency locator transmitters (ELTs) designed to operate on 121.5 MHz.

I. Procedural Matters

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

    2. This is a permit-but-disclose notice and comment rulemaking 
proceeding. Ex parte presentations are permitted, except during the 
Sunshine Agenda period, provided they are disclosed as provided in the 
Commission's rules.

 B. Comment Dates

    3. Pursuant to Sec. Sec.  1.415 and 1.419 of the Commission's 
rules, 47 CFR 1.415 and 1.419, interested parties may file comments on 
or before March 6, 2007 and reply comments on or before April 5, 2007. 
All filings related to this Second Report and Order should refer to WT 
Docket No. 01-289.
    4. Comments may be filed using the Commission's Electronic Comment 
Filing System (ECFS), the Federal Government's eRulemaking Portal, or 
by filing paper copies. See Electronic Filing of Documents in 
Rulemaking Proceedings, 63 FR 24121 (1998).
    5. Comments may be filed electronically using the Internet by 
accessing the ECFS: http://www.fcc.gov/cgb/ecfs/ or the Federal 
eRulemaking Portal: http://www.regulations.gov. Filers should follow 
the instructions provided on the Web site for submitting comments.
    6. For ECFS filers, if multiple docket or rulemaking numbers appear 
in the caption of this proceeding, filers must transmit one electronic 
copy of the comments for each docket or rulemaking number referenced in 
the caption. In completing the transmittal screen, filers should 
include their full name, U.S. Postal Service mailing address, and the 
applicable docket or rulemaking number. Parties may also submit an 
electronic comment by Internet e-mail. To get filing instructions, 
filers should send an e-mail to [email protected], and include the following 
words in the body of the

[[Page 70711]]

message, ``get form.'' A sample form and directions will be sent in 
response.
    7. Parties who choose to file by paper must file an original and 
four copies of each filing. If more than one docket or rulemaking 
number appears in the caption of this proceeding, filers must submit 
two additional copies for each additional docket or rulemaking number.
    8. Filings can be sent by hand or messenger delivery, by commercial 
overnight courier, or by first-class or overnight U.S. Postal Service 
mail (although we continue to experience delays in receiving U.S. 
Postal Service mail). All filings must be addressed to the Commission's 
Secretary, Office of the Secretary, Federal Communications Commission.
    9. The Commission's contractor will receive hand-delivered or 
messenger-delivered paper filings for the Commission's Secretary at 236 
Massachusetts Avenue, NE., Suite 110, Washington, DC 20002. The filing 
hours at this location are 8 a.m. to 7 p.m. All hand deliveries must be 
held together with rubber bands or fasteners. Any envelopes must be 
disposed of before entering the building.
    10. Commercial overnight mail (other than U.S. Postal Service 
Express Mail and Priority Mail) must be sent to 9300 East Hampton 
Drive, Capitol Heights, MD 20743.
    11. U.S. Postal Service first-class, Express, and Priority mail 
should be addressed to 445 12th Street, SW., Washington, DC 20554.
    12. All filings must be addressed to the Commission's Secretary, 
Marlene H. Dortch, Office of the Secretary, Federal Communications 
Commission, 445 12th Street, SW., Washington, DC 20554. Parties shall 
also serve one copy with the Commission's copy contractor, Best Copy 
and Printing, Inc. (BCPI), Portals II, 445 12th Street, SW., Room CY-
B402, Washington, DC 20554, (202) 488-5300, or via e-mail to 
[email protected].
    13. Availability of documents. The public may view the documents 
filed in this proceeding during regular business hours in the FCC 
Reference Information Center, Federal Communications Commission, 445 
12th Street, SW., Room CY-A257, Washington, DC 20554, and on the 
Commission's Internet Home Page: http://www.fcc.gov. Copies of comments 
and reply comments are also available through the Commission's 
duplicating contractor: Best Copy and Printing, Inc. (BCPI), Portals 
II, 445 12th Street, SW., Room CY-B402, Washington, DC 20554, telephone 
1-800-378-3160, may be reached by e-mail at [email protected] or via 
BCPI's Web site at http://www.bcpiweb.com. To request materials in 
accessible formats for people with disabilities (braille, large print, 
electronic files, audio format), send an e-mail to [email protected] or 
call the Consumer & Governmental Affairs Bureau at 202-418-0530 
(voice), 202-418-0432 (tty).

 C. Paperwork Reduction Act

    14. This document does not contain proposed information 
collection(s) 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).

II. Initial Regulatory Flexibility Analysis

    15. 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 the Second FNPRM. 
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 the Second FNPRM as provided in paragraph 49 of the 
item. The Commission will send a copy of the Second FNPRM, including 
this IRFA, to the Chief Counsel for Advocacy of the U.S. Small Business 
Administration. In addition, a copy of the Second FNPRM and IRFA (or 
summaries thereof) will also be published in the Federal Register.
    Need for, and Objectives of, the Proposed Rules:
    16. The proposed rules in the Second FNPRM are intended to further 
streamline, consolidate and clarify the Commission's part 87 rules; 
remove unnecessary or duplicative requirements; address new 
international requirements; and promote flexibility and efficiency in 
the use of aviation radio equipment in a manner that will further 
aviation safety. In the Second FNPRM, the Commission requests comment 
specifically on whether the Commission should: (a) Broaden the AMS(R)S 
rules to accommodate the provision of AMS(R)S by additional satellite 
systems; (b) mandate that AMS(R)S communications in the 1.6 GHz, 2 GHz, 
and 5 GHz frequency bands be given priority and preemptive access; (c) 
delete a regulatory provision which permits limited use of the VHF band 
for AMS(R)S communications; (d) consider proposing rules that would 
require a transition to 8.33 kHz channelization in the aeronautical 
enroute service; (e) reduce the number of frequencies designated for 
FIS-B; (f) codify the terms of an STA permitting the use of specified 
frequencies for air-to-air communications in Hawaii; (g) codify the 
terms of an STA permitting the use of specified frequencies for air-to-
air communications in the Los Angeles area; (h) clarify the 
circumstances under which an airport is limited to a single 
aeronautical advisory station (unicom); (i) permit the assignment and 
transfer of control of aircraft radio licenses; and (j) phase out the 
authorization of ELTs designed to operate on 121.5 MHz.
    Legal Basis for Proposed Rules:
    17. Authority for issuance of this item is contained in sections 
4(i), 303(r), and 403 of the Communications Act of 1934, as amended, 47 
U.S.C. 154(i), 303(r) and 403.
    Description and Estimate of the Number of Small Entities to Which 
the Proposed Rules Will Apply:
    18. 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 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 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.''
    19. 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 IRFA, therefore, the applicable 
definition of small entity is the definition under the SBA rules

[[Page 70712]]

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.
    20. Some of the rules proposed 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.
    21. Some of the rules proposed herein may also affect providers of 
satellite telecommunications services. There is no small business size 
standard developed specifically for providers of international service. 
The appropriate size standards under SBA rules are for the two broad 
census categories of ``Satellite Telecommunications'' and ``Other 
Telecommunications.'' Under both categories, such a business is small 
if it has $13.5 million or less in average annual receipts.
    22. The first category of Satellite Telecommunications ``comprises 
establishments primarily engaged in providing point-to-point 
telecommunications services to other establishments in the 
telecommunications and broadcasting industries by forwarding and 
receiving communications signals via a system of satellites or 
reselling satellite telecommunications.'' For this category, Census 
Bureau data for 2002 show that there were a total of 371 firms that 
operated for the entire year. Of this total, 307 firms had annual 
receipts of under $10 million, and 26 firms had receipts of $10 million 
to $24,999,999. Consequently, we estimate that the majority of 
Satellite Telecommunications firms are small entities that might be 
affected by our action.
    23. The second category of Other Telecommunications ``comprises 
establishments primarily engaged in (1) providing specialized 
telecommunications applications, such as satellite tracking, 
communications telemetry, and radar station operations; or (2) 
providing satellite terminal stations and associated facilities 
operationally connected with one or more terrestrial communications 
systems and capable of transmitting telecommunications to or receiving 
telecommunications from satellite systems.'' For this category, Census 
Bureau data for 2002 show that there were a total of 332 firms that 
operated for the entire year. Of this total, 259 firms had annual 
receipts of under $10 million and 15 firms had annual receipts of $10 
million to $24,999,999. Consequently, we estimate that the majority of 
Other Telecommunications firms are small entities that might be 
affected by our action.
    Description of Projected Reporting, Recordkeeping, and Other 
Compliance Requirements:
    24. Most of the possible rule changes under consideration in the 
Second FNPRM generally would not impose any new compliance requirements 
on any entity. The proposals to codify existing STAs would, if adopted, 
relieve aircraft operators in Hawaii and the Los Angeles area of the 
regulatory restrictions that impelled them to seek those STAs. With two 
exceptions, the Commission believes the other proposed rules would have 
no significant effect on the compliance burdens of regulatees. The 
Commission invites comment on its tentative conclusion that the 
following possible rule changes will not have a negative impact on 
small entities, or for that matter any entities, and do not impose new 
compliance costs on any entity: (1) Reducing the number of frequencies 
designated for FIS-B; (2) codifying the terms of the STA permitting the 
use of specified frequencies for air-to-air communications in Hawaii; 
(3) codifying the terms of the STA permitting the use of specified 
frequencies for air-to-air communications in the Los Angeles area; (4) 
clarifying the circumstances under which an airport is limited to a 
single unicom; (5) permitting the assignment and transfer of control of 
aircraft radio licenses; (6) phasing out the authorization of ELTs 
designed to operate on 121.5 MHz; and (7) deleting a regulatory 
provision which permits limited use of the VHF band for AMS(R)S 
communications. To the extent that commenters believe that any of the 
above possible rule changes would impose a new reporting, 
recordkeeping, or compliance burden on small entities, the Commission 
asks that they describe the nature of that burden in some detail and, 
if possible, quantify the costs to small entities.
    25. The Commission is considering in the Second FNPRM whether to 
mandate that mobile satellite systems providing AMS(R)S accord priority 
and preemptive access to AMS(R)S communications vis-a-vis public 
correspondence and other non-safety-related communications in the 1.6 
MHz, 2 MHz, and 5 MHz bands, as they already are required to do in the 
1545-1559 MHz and 1646.5-1660.5 MHz bands. To the extent that such a 
requirement would impose a new compliance burden, however, the burden 
would fall only on mobile satellite service (MSS) licensees. MSS 
licensees are not small entities. Accordingly, we do not believe this 
requirement will have a direct and significant economic impact on any 
small entities.
    26. In addition, the Commission believes that mandating a 
transition to 8.33 kHz channel spacing in the aeronautical enroute 
service might impose a new compliance burden on

[[Page 70713]]

aircraft station licensees because of the need to replace existing 
avionics equipment designed to operate with 25 kHz channel spacing. 
This burden might be incurred not only by the major air carriers, but 
also by smaller carriers and others that may qualify as small entities. 
In the Second FNPRM, the Commission seeks comment on whether the public 
interest benefits of a mandatory narrowbanding of the aeronautical 
enroute spectrum would outweigh the costs and difficulties that such an 
effort would engender. The Commission seeks estimates of projected 
compliance costs, with an explanation of all assumptions on which the 
estimates are based. The Commission here reiterates that request, and 
specifically asks interested parties to address potential compliance 
costs for small entities.
    Steps Taken to Minimize Significant Economic Impact on Small 
Entities, and Significant Alternatives Considered:
    27. 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 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.
    28. In the Second FNPRM, the Commission requests further comment 
on, among other things, the nature of any burden that might be incurred 
by MSS licensees if required to provide priority and preemptive access 
to AMS(R)S communications in the 1.6 GHz, 2 GHz, and 5 GHz frequency 
bands. For reasons stated above, the Commission believes MSS licensees 
are not small entities. Commenters who believe otherwise are invited to 
explain why MSS licensees should be deemed small entities, and to 
propose steps, such as those described in the immediately preceding 
paragraph, that might eliminate or minimize the burden of a priority 
and preemptive access requirement on MSS licensees.
    29. In the Second FNPRM, the Commission also seeks comment on 
various means of limiting the impact of a transition to 8.33 kHz 
channel spacing in the aeronautical enroute service in the event such a 
transition is mandated. It asks commenters to suggest the appropriate 
duration of any period(s) of transition and to consider whether 
grandfathering provisions of some sort should be adopted to mitigate 
the costs of retrofitting aircraft. It also asks whether transition 
schedules should be staggered based on criteria relating to the size of 
the carrier or the class of aircraft. The Commission reiterates those 
requests here, and ask interested parties to consider any other means 
to lessen potential compliance burdens on small entities if the 
Commission ultimately mandates a transition to 8.33 kHz channel spacing 
in the aeronautical enroute service. In addition, to the extent 
commenters believe any of the other possible rule changes discussed in 
the Second FNPRM might impose any significant economic impact on small 
entities, the Commission invites them to address any or all of the 
aforementioned regulatory alternatives and to suggest additional 
alternatives to minimize that impact. Any significant alternative 
presented in the comments will be considered.
    Federal Rules that May Duplicate, Overlap, or Conflict With the 
Proposed Rules:
    30. None.

III. Ordering Clauses

    31. Pursuant to sections 4(i), 303(r), and 403 of the 
Communications Act of 1934, as amended, 47 U.S.C. 154(i), 303(r) and 
403, this Second FNPRM is adopted.
    32. Pursuant to the applicable procedures set forth in Sec. Sec.  
1.415 and 1.419 of the Commission's rules, 47 CFR 1.415 and 1.419, 
interested parties may file comments on this Second FNPRM on or before 
90 days after publication in the Federal Register and reply comments on 
or before 120 days after publication in the Federal Register.
    33. The Commission's Consumer Information Bureau, Reference 
Information Center, SHALL SEND a copy of this Second FNPRM and also the 
IRFA, to the Chief Counsel for Advocacy of the Small Business 
Administration.

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.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.

Proposed Rules

    For the reasons discussed in the preamble, the Federal 
Communications Commission proposes to amend 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. Amend Section 2.106, the Table of Frequency Allocations, as 
follows:
    a. Revise page 18.
    b. In the list of United States footnotes, add footnote USxxx.
    The revisions and additions read as follows:


Sec.  2.106  Table of Frequency Allocations.

* * * * *
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[GRAPHIC] [TIFF OMITTED] TP06DE06.000

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United States (US) Footnotes

* * * * *
    USxxx In Hawaii, the frequencies 120.65 MHz and 127.05 MHz may 
be authorized to non-Federal aircraft stations for air-to-air 
communications as specified in 47 CFR 87.187.
* * * * *

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 Sec.  87.187 by adding new paragraphs (gg) and (hh) to 
read as follows:


Sec.  87.187  Frequencies.

* * * * *
    (gg)(1) The frequency 120.650 MHz is authorized for air-to-air 
communications for aircraft over and within five nautical miles of the 
shoreline of the Hawaiian Island of Maui.
    (2) The frequency 121.950 MHz is authorized for air-to-air use for 
aircraft over and within five nautical miles of the shoreline of the 
Hawaiian Island of Molokai.
    (3) The frequency 122.850 MHz is authorized for air-to-air use for 
aircraft over and within five nautical miles of the shoreline of the 
Hawaiian Island of Oahu.
    (4) The frequency 122.850 MHz is authorized for aircraft over and 
within five nautical miles of the shoreline of the Hawaiian Island of 
Hawaii when aircraft are south and east of the 215 degree radial of 
very high frequency omni-directional radio range of Hilo International 
Airport.
    (5) The frequency 127.050 MHz is authorized for air-to-air use for 
aircraft over and within five nautical miles of the shoreline of the 
Hawaiian Island of Hawaii when aircraft are north and west of the 215 
degree radial of very high frequency omni-directional radio range of 
Hilo International Airport.
    (6) The frequency 127.050 MHz is authorized for air-to-air use for 
aircraft over and within five nautical miles of the Hawaiian Island of 
Kauai.
    (hh)(1) The frequency 121.95 MHz is authorized for air-to-air 
communications for aircraft within the area bounded by the following 
coordinates (all coordinates are referenced to North American Datum 
1983 (NAD83)):

33-46-00 N. Lat.; 118-27-00 W. Long.
33-47-00 N. Lat.; 118-12-00 W. Long.
33-40-00 N. Lat.; 118-00-00 W. Long.
33-35-00 N. Lat.; 118-08-00 W. Long.
34-00-00 N. Lat.; 118-26-00 W. Long.

    (2) The frequency 122.775 MHz is authorized for air-to-air 
communications for aircraft within the area bounded by the following 
coordinates (all coordinates are referenced to North American Datum 
1983 (NAD83)):

34-22-00 N. Lat.; 118-30-00 W. Long.
34-35-00 N. Lat.; 118-15-00 W. Long.
34-27-00 N. Lat.; 118-15-00 W. Long.
34-16-00 N. Lat.; 118-35-00 W. Long.
34-06-00 N. Lat.; 118-35-00 W. Long.
34-05-00 N. Lat.; 118-50-00 W. Long.

    (3) The frequency 123.30 MHz is authorized for air-to-air 
communications for aircraft within the area bounded by the following 
coordinates (all coordinates are referenced to North American Datum 
1983 (NAD83)):

34-08-00 N. Lat.; 118-00-00 W. Long.
34-10-00 N. Lat.; 117-08-00 W. Long.
34-00-00 N. Lat.; 117-08-00 W. Long.
33-53-00 N. Lat.; 117-42-00 W. Long.
33-58-00 N. Lat.; 118-00-00 W. Long.

    (4) The frequency 123.50 MHz is authorized for air-to-air 
communications for aircraft within the area bounded by the following 
coordinates (all coordinates are referenced to North American Datum 
1983 (NAD83)):

33-53-00 N. Lat.; 117-37-00 W. Long.
34-00-00 N. Lat.; 117-15-00 W. Long.
34-00-00 N. Lat.; 117-07-00 W. Long.
33-28-00 N. Lat.; 116-55-00 W. Long.
33-27-00 N. Lat.; 117-12-00 W. Long.

    (5) The frequency 123.50 MHz is authorized for air-to-air 
communications for aircraft within the area bounded by the following 
coordinates (all coordinates are referenced to North American Datum 
1983 (NAD83)):

33-50-00 N. Lat.; 117-48-00 W. Long.
33-51-00 N. Lat.; 117-41-00 W. Long.
33-38-00 N. Lat.; 117-30-00 W. Long.
33-30-00 N. Lat.; 117-30-00 W. Long.
33-30-00 N. Lat.; 117-49-00 W. Long.

    5. Amend Sec.  87.215 by revising paragraph (b) to read as follows:


Sec.  87.215  Supplemental Eligibility.

* * * * *
    (b) Only one unicom will be authorized to operate at an airport 
which does not have a control tower, RCO or FAA flight service station 
that effectively controls traffic at the airport (i.e., where the 
unicom frequency is not the published common traffic advisory 
frequency). At an airport which has a part-time or full-time control 
tower, RCO or FAA flight service station that effectively controls 
traffic at the airport, the one unicom limitation does not apply and 
the airport operator and all aviation services organizations may be 
licensed to operate a unicom on the assigned frequency.
* * * * *
[FR Doc. E6-20451 Filed 12-5-06; 8:45 am]
BILLING CODE 6712-01-P