[Federal Register Volume 75, Number 81 (Wednesday, April 28, 2010)]
[Proposed Rules]
[Pages 22352-22356]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-9096]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 87

[WT Docket No. 09-42; WT Docket 10-61; FCC 10-37]


Aviation Service Rules

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: This document considers a petition for rulemaking requesting 
that the Commission amend the Commission's rules for aeronautical 
mobility mobile stations. It also seeks comment on a proposal to permit 
remote monitoring of certain automated ground stations during 
installation and maintenance, without a licensed technician present. 
Finally, it proposes to codify the terms of a waiver permitting the 
licensing and equipment certification of devices to test aircraft data 
link systems.

DATES: Submit comments on or before June 28, 2010 and reply comments 
are due July 27, 2010.

ADDRESSES: You may submit comments, identified by WT Docket 09-42; WT 
Docket No. 10-61; FCC 10-37, 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: Tim Maguire, Mobility Division, 
Wireless Telecommunications Bureau, at (202) 418-2155.

SUPPLEMENTARY INFORMATION: This is a summary of the Federal 
Communications Commission's Notice of Proposed Rulemaking and Order 
(NPRM), WT Docket No. 10-61, WT Docket No. 09-42, and RM-11503; FCC 10-
37, adopted March 11, 2010, and released March 16, 2010. 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., Room 
CY-A257, Washington, DC 20554, or by downloading the text from the 
Commission's Web site at http://www.fcc.gov/. The complete text also 
may be purchased from the Commission's duplicating contractor, Best 
Copy and Printing, Inc., Portals II, 445 12th Street, Suite CY-B402, 
Washington, DC 20554. Alternative formats are available for people with 
disabilities (Braille, large print, electronic files, audio format), by 
sending an e-mail to [email protected] or calling the Consumer and 
Government Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 
(TTY).
    1. In this document, the Wireless Telecommunications Bureau of the 
Federal Communications Commission we address pending issues regarding 
certain Aviation Service ground station equipment. Primarily, we 
consider a petition for rulemaking filed by the National 
Telecommunications and Information Administration (NTIA), and supported 
by the Federal Aviation Administration (FAA), requesting that the 
Commission amend part 87 of the Commission's Rules to allow use of the 
frequency 1090 MHz by aeronautical mobility mobile stations for airport 
surface detection equipment (ASDE-X), commonly referred to as vehicle 
``squitters.'' It also seeks comment on a proposal by Potomac Aviation 
Technology Corporation (PATC) to permit remote monitoring of certain 
automated ground stations during installation and maintenance, without 
a licensed technician present. It also proposes to codify the terms of 
a waiver granted to Aviation Data Systems (Aust) Pty Ltd. (ADS) to 
permit licensing and equipment certification of devices to test 
aircraft data link systems.

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, 1.419, interested parties may file comments on or 
before June 28, 2010 and reply comments on or before July 27, 2010.
    4. Commenters may file comments electronically using the 
Commission's Electronic Comment Filing System (ECFS), the Federal 
Government's eRulemaking Portal, or by filing paper copies. Commenters 
filing through the ECFS can send their comments as an electronic file 
via the Internet to http://www.fcc.gov/e-file/ecfs.html. In completing 
the transmittal screen, commenters should include their full name, U.S. 
Postal Service mailing address, and the applicable docket or rulemaking 
number. Commenters may also submit an electronic comment by Internet e-
mail. To get filing instructions for e-mail comments, commenters should 
send an e-mail to [email protected], and should include the following words 
in the body of the message, ``get form.'' Commenters will receive a 
sample form and directions in reply. Commenters filing through the 
Federal eRulemaking Portal http://www.regulations.gov, should follow 
the instructions provided on the Web site for submitting comments.
    5. Commenters who chose to file paper comments must file an 
original and four copies of each comment. 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. All filings must be sent to the Commission's 
Secretary, Office of the Secretary, Federal Communications Commission.
    6. Commenters may send filings by hand or messenger delivery, by 
commercial overnight courier, or by first-class or overnight U.S. 
Postal Service mail. All hand-delivered or messenger-delivered paper 
filings for the Commission's Secretary must be delivered to FCC 
Headquarters at 445 12th St., SW., Room TW-A325,

[[Page 22353]]

Washington, DC 20554. All hand deliveries must be held together with 
rubber bands or fasteners. Any envelopes must be disposed of before 
entering the building. Commenters must send commercial overnight mail 
(other than U.S. Postal Service Express Mail and Priority Mail) to 9300 
East Hampton Drive, Capitol Heights, MD 20743. Commenters should 
address U.S. Postal Service first-class mail, Express Mail, and 
Priority Mail to 445 12th Street, SW., Washington, DC 20554.
    7. Interested parties may view documents filed in this proceeding 
on the Commission's Electronic Comment Filing System (ECFS) using the 
following steps: (1) Access ECFS at http://www.fcc.gov/cgb/ecfs. (2) In 
the introductory screen, click on ``Search for Filed Comments.'' (3) In 
the ``Proceeding'' box, enter the numerals in the docket number. (4) 
Click on the box marked ``Retrieve Document List''. A link to each 
document is provided in the document list. Filings and comments are 
also available for public inspection and copying during regular 
business hours at the FCC Reference Information Center, 445 12th 
Street, SW., Room CY-A257, Washington, DC, 20554. Filings and comments 
also may be purchased from the Commission's duplicating contractor, 
Best Copy and Printing, Inc., Portals II, 445 12th Street, SW., Room 
CY-B402, Washington, DC 20554, telephone 1-800-378-3160, or via e-mail 
http://www.bcpiweb.com.

C. Paperwork Reduction Act

    8. This NPRM does not contain any proposed information 
collection(s) subject to the Paperwork Reduction Act of 1995, Public 
Law 104-13. In addition, 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

    9. As required by the Regulatory Flexibility Act (RFA), the 
Commission has prepared this Initial Regulatory Flexibility Analysis 
(IRFA) of the possible significant economic impact on small entities of 
the policies and rules proposed in the NPRM. Written public comments 
are requested on this IRFA. Comments must be identified as responses to 
the IRFA and must be filed by the deadlines for comments on the NPRM as 
provided in paragraph 24 of the item, supra. The Commission will send a 
copy of the NPRM, including this IRFA, to the Chief Counsel for 
Advocacy of the Small Business Administration. In addition, the NPRM 
and IRFA (or summaries thereof) will be published in the Federal 
Register.

A. Need for, and Objectives of, the Proposed Rules

    10. The proposed rules in the NPRM are intended to address new 
requirements for aviation radio equipment in a manner that will further 
aviation safety; and to amend the aviation rules related to the 
installation and maintenance of aviation equipment and the testing of 
aviation data link systems. In the NPRM, we request comment 
specifically on whether we should: (a) Permit the operation and 
licensing of vehicle squitters on frequency 1090 MHz to promote 
aviation safety, and (b) remove the requirement that a holder of a 
General Radiotelephone Operator Licensees (GROL) be physically present 
during installation and maintenance of certain land-based Aviation 
Radio Service stations, and (c) permit a new emission type for 
radionavigation land test equipment (RLT).

B. Legal Basis

    11. Authority for issuance of this item is contained in Sec. Sec.  
4(i), 303(r), and 403 of the Communications Act of 1934, as amended, 47 
U.S.C. 154(i), 303(r) and 403.

C. Description and Estimate of the Number of Small Entities to Which 
the Proposed Rules Will Apply

    12. 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.''
    13. Small businesses in the aviation radio services use very high 
frequency (VHF), medium frequency (MF), or high frequency (HF) radio, 
radar, 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 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.
    14. 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

[[Page 22354]]

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.

D. Description of Projected Reporting, Recordkeeping, and Other 
Compliance Requirements for Small Entities

    15. The rule changes under consideration in the NPRM would require 
manufacturers to meet certain criteria and potential licensees would be 
required to operate the equipment as prescribed in the Rules, including 
prior coordination with the FAA. We believe the other proposed rules 
would have no significant effect on the compliance burdens of 
regulatees. We invite comment on our tentative conclusion that the 
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. 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, we 
ask that they describe the nature of that burden in some detail and, if 
possible, quantify the costs to small entities.

E. Steps Taken To Minimize Significant Economic Impact on Small 
Entities and Significant Alternatives Considered

    16. 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.
    17. This NPRM proposes to permit new equipment to be utilized by 
ground vehicles at airports; to remove the requirement that the holder 
of a General Radiotelephone Operator Licensees (GROL) be physically 
present during an installation or maintenance of certain land-based 
Aviation Radio Service station; and to permit a new emission type for 
radionavigation land test equipment (RLT). To the extent commenters 
believe that other of the discussed rule changes would impose a 
compliance burden on small entities, we ask that they address whether 
any of the above approaches to reduce that burden is appropriate.
    18. We hereby invite interested parties to address any or all of 
these regulatory alternatives and to suggest additional alternatives to 
minimize any significant economic impact on small entities. Any 
significant alternative presented in the comments will be considered.

F. Federal Rules That May Duplicate, Overlap, or Conflict With the 
Proposed Rules

    19. None.

III. Ordering Clauses

    20. Pursuant to sections 4(i), 4(j), and 303(r) of the 
Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), 
303(r), notice is hereby given of the proposed regulatory changes 
described in the NPRM, and comment is sought on the proposed regulatory 
changes as set forth below.
    21. The Commission's Consumer & Governmental Affairs Bureau, 
Reference Information Center, SHALL SEND a copy of this NPRM, including 
the Initial Regulatory Flexibility Analysis, to the Chief Counsel for 
Advocacy of the Small Business Administration.

List of Subjects in 47 CFR Part 87

    Air transportation, Communications equipment, Radio, Incorporation 
by reference.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.

Proposed Rule Changes

    For the reasons discussed in the preamble, the Federal 
Communications Commission proposes to amend 47 part 87 as follows:

PART 87--AVIATION SERVICES

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

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

    2. Section 87.5 is amended by adding the definition of an 
``Aircraft data link system'' and revising the definition of 
``Radionavigation land test stations'' to read as follows:


Sec.  87.5  Definitions.

* * * * *
    Aircraft data link system. A system used to provide data 
communications between the aircraft and ground personnel necessary for 
the safe, efficient and economical use of the aircraft.
* * * * *
    Radionavigation land test stations. A radionavigation land station 
which is used to transmit information essential to the testing and 
calibration of aircraft navigational aids, receiving equipment, data 
link systems, and interrogators at predetermined surface locations. The 
Maintenance Test Facility (MTF) is used primarily to permit maintenance 
testing by aircraft radio service personnel. The Operational Test 
Facility (OTF) is used primarily to permit the pilot to check a 
radionavigation system aboard the aircraft prior to takeoff.
* * * * *
    3. Section 87.131 is amended by revising the entries to the table 
for ``Aeronautical utility mobile'' and ``Radionavigation land test'' 
to read as follows:


Sec.  87.131  Power and emissions.

* * * * *

----------------------------------------------------------------------------------------------------------------
                                         Frequency band/     Authorized emission(s)
          Class of station                  frequency                  \9\                Maximum power \1\
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Aeronautical utility mobile........  VHF...................  A3E...................  10 watts.
                                     1090 MHz..............  M1D...................  20 watts.
Radionavigation land test..........  108.150 MHz...........  A9W...................  1 milliwatt.
                                     334.550 MHz...........  A1N...................  1 milliwatt.
                                     Other VHF.............  M1A, XXA, A1A A1N,      1 watt.
                                                              A2A, A2D, A9W.         100 microwatts.
                                     Other UHF.............  G1D...................

[[Page 22355]]

 
                                                             M1A, XXA, A1A, A1N,     1 watt.
                                                              A2A, A2D, A9W.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\ The power is measured at the transmitter output terminals and the type of power is determined according to
  the emission designator as follows:
(i) Mean power (pY) for amplitude modulated emissions and transmitting both sidebands using unmodulated full
  carrier.
(ii) Peak envelope power (pX) for all emission designators other than those referred to in paragraph (i) of this
  note.
\9\ Excludes automatic link establishment.

* * * * *
* * * * *
    4. Section 87.133 is amended by adding an entry alphabetically in 
the table to paragraph (a)(7) to read as follows:


Sec.  87.133  Frequency stability.

    (a) * * *

------------------------------------------------------------------------
 Frequency band (lower limit exclusive,
 upper limit inclusive), and categories    Tolerance \1\   Tolerance \2\
               of stations
------------------------------------------------------------------------
 
                              * * * * * * *
(7) * * *...............................  ..............
Aeronautical utility mobile stations on            1,000           1,000
 1090 MHz...............................
 
                              * * * * * * *
------------------------------------------------------------------------
\1\ This tolerance is the maximum permitted until January 1, 1990, for
  transmitters installed before January 2, 1985, and used at the same
  installation. Tolerance is indicated in parts in 106 unless shown as
  Hertz (Hz).
\2\ This tolerance is the maximum permitted after January 1, 1985 for
  new and replacement transmitters and to all transmitters after January
  1, 1990. Tolerance is indicated in parts in 106 unless shown as Hertz
  (Hz).

* * * * *
    5. Section 87.137 is amended by adding an entry alphabetically in 
the table following paragraph (a) to read as follows:


Sec.  87.137  Types of emission.

    (a) * * *

----------------------------------------------------------------------------------------------------------------
                                                              Authorized bandwidth (kilohertz)
   Class of emission         Emission     ----------------------------------------------------------------------
                            designator        Below 50 MHz       Above 50 MHz          Frequency deviation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
M1D...................  14M00M1D.........  14.0.............
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
    6. Section 87.173 is amended in the table following paragraph (b) 
as follows:
    a. Revise the entries for 128.825-132.000 MHz through 136.925 MHz.
    b. Revise the entry for 1030.000 MHz.
    c. Add an entry in numerical order for 1090.000 MHz.
    The revisions and additions read as follows:


Sec.  87.173  Frequencies.

* * * * *
    (b) * * *

----------------------------------------------------------------------------------------------------------------
    Frequency or frequency band              Subpart             Class of station               Remarks
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
128.825-132.000 MHz................  I, Q...................  MA, FAE, RLT..........  Domestic VHF; 25 kHz
                                                                                       channel spacing.
132.025-135.975 MHz................  O......................  MA, FAC, FAW, GCO,      25 kHz channel spacing.
                                                               RCO, RPC.
136.000-136.400 MHz................  O, S...................  MA, FAC, FAW, GCO,      Air traffic control
                                                               RCO, RPC.               operations; 25 kHz
                                                                                       channel spacing.
136.425 MHz........................  O, S...................  MA, FAC, FAW, GCO,      Air traffic control
                                                               RCO, RPC.               operations.
136.450 MHz........................  O, S...................  MA, FAC, FAW, GCO,      Air traffic control
                                                               RCO, RPC.               operations.
136.475 MHz........................  O, S...................  MA, FAC, FAW, GCO,      Air traffic control
                                                               RCO, RPC.               operations.
136.500-136.875 MHz................  I, Q...................  MA, FAE, RLT..........  Domestic VHF; 25 kHz
                                                                                       channel spacing.
136.900 MHz........................  I, Q...................  MA, FAE, RLT..........  International and Domestic
                                                                                       VHF.
136.925 MHz........................  I, Q...................  MA, FAE, RLT..........  International and Domestic
                                                                                       VHF.
 
                                                  * * * * * * *
1030.000 MHz.......................  Q......................  RLT...................  ..........................
1090.000 MHz.......................  L......................  MOU...................  Vehicle Squitter.
 

[[Page 22356]]

 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

    7. Section 87.349 is amended by adding paragraph (f) to read as 
follows:


Sec.  87.349  Frequencies.

* * * * *
    (f) The Commission will assign frequency 1090 MHz for use by 
aeronautical utility mobile stations for runway vehicle identification 
and collision avoidance after coordination with the FAA, subject to the 
following conditions:
    (1) Eligibility is restricted to airport authorities, or entities 
approved by the FAA;
    (2) No more than two hundred 1090 MHz aeronautical utility mobile 
stations will be authorized at one airport;
    (3) Licenses are limited to only those locations that are within 
the vicinity of an FAA ASDE-X multilateration system or ADS-B 
equipment, and/or where the primary purpose for seeking transmit 
authorization is to provide surface data to aircraft and air traffic 
control authorities.
    (4) Message transmission rates are limited as indicated in the 
table below:

------------------------------------------------------------------------
                                                           Rate when
          ADS-B message            Rate when moving       stationary
------------------------------------------------------------------------
(i) Surface Position Message      Every 0.4 to 0.6    Every 4.8 to 5.2
 (Types 5, 6, 7, 8).               seconds.            seconds.
(ii) Aircraft Operational Status  Every 4.8 to 5.2    Every 4.8 to 5.2
 (Type 31).                        seconds.            seconds.
(iii) Aircraft Identification     Every 4.8 to 5.2    Every 9.8 to 10.2
 and Type (Type 2).                seconds.            seconds.
------------------------------------------------------------------------

    8. Section 87.475 is amended by:
    a. Redesignating paragraph (b)(9) as paragraph (b)(15).
    b. Redesignating paragraph (c)(2) as paragraph (c)(3).
    c. Adding new paragraphs (b)(9) through (b)(14).
    d. Adding paragraph (c)(2).
    e. Revising paragraph (c)(1), and newly designated paragraph 
(c)(3).
    The additions and revisions read as follows:


Sec.  87.475  Frequencies.

* * * * *
    (b) * * *
    (9) 2700-2900 MHz: Non-Government land-based radars may be 
licensed. U.S. Government coordination is required. Applicants must 
demonstrate a need for the service which the Government is not prepared 
to render.
    (10) 5000-5250 MHz: This band is to be used for the operation of 
the international standard system (microwave landing system).
    (11) 9000-9200 MHz: This band is available to land-based radars. 
Stations operating in this band may receive interference from stations 
operating in the radiolocation service.
    (12) 14,000-14,400 MHz: This band is available for use in the 
aeronautical radionavigation service.
    (13) 15,400-15,700 MHz: This band is available for use of land 
stations associated with airborne electronic aids to air navigation.
    (14) 24,250-25,250, 31,800-33,400 MHz: In these bands, land-based 
radionavigation aids are permitted where they operate with airborne 
radionavigation devices.
* * * * *
    (c) Frequencies available for radionavigation land test stations. 
(1) The frequencies set forth in Sec. Sec.  87.187(c), (e) through (j), 
(r), (t), and (ff), 87.263(a) and 87.475(b)(6) through (b)(10), (b)(12) 
and (b)(15) may be assigned to radionavigation land test stations for 
the testing of aircraft transmitting equipment that normally operate on 
these frequencies and for the testing of land-based receiving equipment 
that operate with airborne radionavigation equipment.
    (2) The band 129.125-136.975 MHz may also be used to test aircraft 
data link systems on a secondary basis to other licensed stations. The 
applicant must notify the appropriate Regional Office of the FAA prior 
to submitting to the Commission an application for a new station or for 
modification of an existing station. Each application must include the 
FAA Regional Office notified and the date of notification. Equipment 
must be designed so that it will engage in data link exchange only with 
the aircraft whose identification has been programmed into the device, 
and must comply with the applicable specifications for VDL Mode 2 
operation set forth in the ICAO Manual on VHF Digital Link (VDL) Mode 2 
and RTCA DO-281A, Minimum Operational Performance Standards for 
Aircraft VDL Mode 2 Physical, Link and Network Layer, November 8, 2005. 
These documents are incorporated by reference in accordance with 5 
U.S.C. 552(a), and 1 CFR part 51. The RTCA document is available and 
may be obtained from the Radio Technical Commission of Aeronautics, One 
McPherson Square, 1425 K Street N.W., Washington, DC 20005, telephone 
(202) 833-9339. The ICAO document is available and may be obtained from 
the ICAO, Customer Services Unit, 999 University Street, 
Montr[eacute]al, Quebec H3C 5H7, Canada, telephone (514) 954-8221. The 
documents are available for inspection at Commission headquarters at 
445 12th Street, SW., Washington, DC 20554, telephone (202) 418-0300. 
Copies may also be inspected at the Office of the Federal Register, 800 
North Capital Street, NW., Suite 700, Washington, DC. Copies of these 
standards can be inspected at the Federal Communications Commission, 
445 12th Street, SW., Washington, DC (Reference Information Center) or 
at the National Archives and Records Administration (NARA). For 
information on the availability of this material at NARA, call 202-741-
6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
    (3) 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; 978 MHz for Universal Access 
Transceiver; 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:
* * * * *
[FR Doc. 2010-9096 Filed 4-27-10; 8:45 am]
BILLING CODE 6712-01-P