[Federal Register Volume 72, Number 224 (Wednesday, November 21, 2007)]
[Rules and Regulations]
[Pages 65449-65451]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-22720]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 77

[Docket No. FAA-2004-16982; Notice No. 07-16]


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

AGENCY: Federal Aviation Administration (FAA); DOT.

ACTION: Notice of amended policy.

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

SUMMARY: On April 27, 2004, the FAA revised its policy regarding the 
co-location of antenna systems on existing structures previously 
studied by the FAA. Based on various additional comments from industry 
regarding the initial policy, the FAA finds that further modifications 
to this policy are necessary.

DATES: This policy is effective on November 21, 2007.

FOR FURTHER INFORMATION CONTACT: Ren[eacute] J. Balanga, ATC Spectrum 
Engineering Services, Spectrum Assignment and Engineering Office, 
Federal Aviation Administration, 800 Independence Ave., SW., 
Washington, DC 20591, Telephone (202) 267-3819 or (202) 267-9710.

SUPPLEMENTARY INFORMATION:

[[Page 65450]]

Availability of Documents

    You can get an electronic copy of rulemaking documents using the 
Internet by--
    1. Searching the Federal eRulemaking Portal (http://www.regulations.gov);
    2. Visiting the FAA's Regulations and Policies Web page at http://www.faa.gov/regulations_policies/; or
    3. Accessing the Government Printing Office's Web page at http://www.gpoaccess.gov/fr/index.html.
    You can also get a copy by sending a request to the Federal 
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence 
Avenue, S.W., Washington, DC 20591, or by calling (202) 267-9680. Make 
sure to identify the notice number or docket number of this rulemaking.

Background

    Prior to April 2004, when the FAA issued a Determination of No 
Hazard for proposed construction or alteration of an antenna structure, 
the Determination included 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 an 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 only to add frequencies to a previously 
studied structure for which the FAA had 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 previous discussed condition.
    On April 27, 2004, the FAA revised its policy regarding the 
notification requirements for co-locating antenna systems on existing 
structures previously studied by the FAA. (See Notice No. 04-03; FAA-
2004-16982; 69 FR 22732; April 27, 2004.) The FAA adopted this new 
policy, which was based on a Best Practices Agreement recommended by 
the CVCC.\1\ Under this policy, a proponent is not required to file 
notice for an aeronautical study when adding certain frequencies to an 
existing structure that has a current Determination of No Hazard on 
file with the FAA. The policy applies only to antenna systems operating 
on the following frequencies and service types, as dictated by various 
parts of Title 47 of the Code of Federal Regulations (47 CFR),
---------------------------------------------------------------------------

    \1\ 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). CVCC members 
currently own or manage most of the radio towers throughout the 
United States. Major wireless service providers primarily make up 
the coalition, but all other wireless service providers in the 
cellular phone and PCS industries are represented by the CVCC 
through membership with PCIA and CTIA.
---------------------------------------------------------------------------

     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).
    On February 1, 2006, the CVCC requested that the agency consider 
amending the April 27, 2004 policy by adding additional frequency bands 
to the policy. The following frequency bands and wireless services, as 
prescribed in 47 CFR, were submitted by the CVCC:
     698-806 MHz (Advanced Wireless Service--Part 27).
     1710-1755 MHz, 2020-2025 MHz, and 2110-2180 MHz (Advanced 
Wireless Service--Part 27).
     1670-1675 MHz (Wireless Communications Service--Part 27).
     1990-2000 MHz (Broadband PCS--Part 24).
     2000-2020 MHz and 2180-2200 MHz (Mobile Satellite 
Service--Part 25).
     2320-2345 MHz (Satellite Digital Audio Radio Service--Part 
27).
     2496-2690 MHz (Broadband Radio Service--Part 27).
     6.0-7.0 GHz, 10.0-11.7 GHz, 17.7-19.7 GHz, and 21.2-23.6 
GHz (Fixed Microwave Service--Part 101).
    In reviewing the above list, the FAA notes that two frequency bands 
(1710-1755 MHz [Advanced Wireless Service] and 21.2-23.6 GHz [Fixed 
Microwave Service]) \2\ overlap a portion or in its entirety, frequency 
bands the FAA currently uses to support aviation. These services may 
include, but are not limited to, critical situational data regarding 
aircraft positioning to air traffic controllers or essential voice or 
data communication links for air traffic control operations. If harmful 
electro magnetic interference (EMI) occurs to these FAA services, the 
services may be interrupted or degraded to a level at which pilots or 
air traffic controllers miss vital flight transmissions, thus 
potentially reducing aviation safety in the National Airspace System.
    On June 13, 2006, the FAA published a Notice of Proposed Rulemaking 
that, in part, sought to require notice for wireless services and fixed 
microwave services operating in the 21.2-23.6 GHz (71 FR 34028; June 
13, 2006). These frequencies are now included under this amended 
policy. Even though the agency has not adopted a final rule in this 
matter and the rule is pending, the FAA announces its intention to 
exclude the 21.2-23.6 GHz frequencies from the final rule. When the 
final rule is issued, those frequencies will be withdrawn.
    FAA's review of prior case studies of co-located antenna systems 
and extensive engineering evaluations showed minimal EMI effects on FAA 
facilities from wireless services propagating on a majority of the 
identified frequency bands above, if operating under typical 
specifications. In addition, existing frequency coordination policies 
set forth by the National Telecommunications and Information 
Administration and the Federal Communications Commission, facilitate 
the evaluation of potential EMI in frequency bands that are joint-use 
by industry and the FAA. Therefore, the FAA concludes that the current 
policy can be amended to include the proposed frequencies.
    Lastly, the April 27, 2004, policy stated several conditions that 
would facilitate the assurance of aviation safety from the potential of 
EMI. One condition is for proponents to provide the FAA with an 
electronic copy of its antenna system location databases. Since the 
inception of the policy, the FAA has received several requests for 
clarification by CVCC members with respect to that condition 1.
    Condition 1 provides that,

    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

[[Page 65451]]

Agreement with the FAA Regional Spectrum Offices.

    CVCC members seek clarification with respect to: (1) The type of 
information necessary for the electronic database; (2) the sites that 
need to be included during each quarterly database submittal to the 
FAA; and (3) how to submit the database file(s). We have reconsidered 
the condition and find that any unintentional EMI resulting under this 
policy can be mitigated by condition 2 of the policy.\3\ Therefore, 
condition 1 can be withdrawn and it will no longer be necessary to 
provide that information.
    The amended policy is restated in its entirety below.

Policy

    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 the 
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.
---------------------------------------------------------------------------

    \2\ In 2006, the FCC conducted an auction of the 2GHz (1.7 GHz 
and 2.1GHz) frequency band (Auction 66).
    \3\ Condition 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 upon 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. (69 
FR 22732; April 27, 2004)
---------------------------------------------------------------------------

    Under this new policy, a proponent is not 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 ATC Spectrum Engineering Services.
    This policy only applies to antenna systems operating on the 
following frequencies and service types, as dictated by various parts 
of 47 CFR:
     698-806 MHz (Advanced Wireless Service--Part 27).
     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).
     1710-1755 MHz, 2020-2025 MHz, and 2110-2180 MHz (Advanced 
Wireless Service--Part 27).
     1670-1675 MHz (Wireless Communications Service--Part 27).
     1850-1990 MHz (Broadband PCS--Part 24, Point-to-Point 
Microwave--Part 101).
     1990-2000 MHz (Broadband PCS--Part 24).
     2000-2020 MHz and 2180-2200 MHz (Mobile Satellite 
Service--Part 25).
     2305-2320 MHz and (Wireless Communications Service (WCS)--
Part 27).
     2320-2345 MHz (Satellite Digital Audio Radio Service--Part 
27).
     2496-2690 MHz (Broadband Radio Service--Part 27).
     6.0-7.0 GHz, 10.0-11.7 GHz, 17.7-19.7 GHz, and 21.2-23.6 
GHz (Fixed Microwave Service--Part 101).
    In addition, the following conditions also apply: (1) 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 
proponents 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. (2) 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 ATC Spectrum Engineering Services or 
must provide notification to the FAA under 14 CFR part 77 procedures.
    The FAA will revise the conditional language in future cases 
involving Determination 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 November 15, 2007.
Steve Zaidman,
Vice President, Technical Operations Services.
[FR Doc. E7-22720 Filed 11-20-07; 8:45 am]
BILLING CODE 4910-13-P