[Federal Register Volume 78, Number 192 (Thursday, October 3, 2013)]
[Rules and Regulations]
[Pages 61203-61208]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-22500]


=======================================================================
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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 87

[WT Docket Nos. 10-61 and 09-42, RM-11503, RM-11596; FCC 13-30]


Aviation Services

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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

SUMMARY: In this document, the Federal Communications Commission 
(Commission) amends its rules to authorize the use of frequency 1090 
MHz by aeronautical utility mobile stations for airport surface 
detection equipment, commonly referred to as vehicle ``squitters,'' to 
help reduce collisions between aircraft and airport ground vehicles. In 
addition, we establish service rules for audio visual warning systems 
to help aircraft in flight avoid antenna structures and other 
obstacles. We also adopt rules to permit ground testing of aviation 
data link systems, and decline to authorize remote monitoring of 
certain automated ground stations.

DATES: Effective November 4, 2013. The incorporation by reference of 
certain publications listed in the rule is approved by the Director of 
the Federal Register as of November 4, 2013.

FOR FURTHER INFORMATION CONTACT: Tim Maguire, Mobility Division, 
Wireless Telecommunications Bureau at (202) 418-2155.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report 
and Order (R&O), in WT Docket No. 10-61; FCC 13-30, adopted February 
28, 2013, and released March 1, 2013. 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://transition.fcc.gov/Daily_Releases/Daily_Business/2013/db0301/FCC-13-30A1.pdf. The complete text also may be purchased 
from the Commission's duplicating contractor, Best Copy and Printing, 
Inc., Portals II, 445 12th Street SW., Suite CY-B402, Washington, DC 
20554. Alternative formats are available for people with disabilities 
(Braille, large print, electronic files, audio format), by sending an 
email to [email protected] or calling the Consumer and Government Affairs 
Bureau at (202) 418-0530 (voice), (202) 418-0432 (TTY).

Background

    1. Air traffic controllers utilize airport surface detection 
equipment (ASDE-X) to manage the movement of aircraft on airport 
surfaces, but the current system does not allow the positive 
identification of ground vehicles such as snowplows and maintenance 
vehicles that routinely operate on the runway movement area. See 47 CFR 
87.345. Unless the vehicle is visible from the control tower, air 
traffic controllers can determine only its location, but not the 
vehicle type or the operator. See NPRM, 25 FCC Rcd at 3356 para. 3. In 
response to growing concerns about airplanes colliding with or having 
to take evasive maneuvers to avoid vehicles on the airport surface, the 
Federal Aviation Administration (FAA) seeks to expand the use of ASDE-X 
to manage the movement of service vehicles as well as aircraft in the 
runway movement area.
    2. The National Telecommunications and Information Administration 
(NTIA), supported by the FAA, filed a petition for rulemaking 
requesting that the Commission amend part 87 of the Commission's rules 
to allow use of frequency 1090 MHz for tracking of ground vehicle 
movements on the airport surface. See Petition for Rulemaking of the 
National Telecommunications and Information Administration (July 29, 
2008). In the Notice of Proposed Rulemaking and Order (NPRM), the 
Commission noted that the frequency 1090 MHz is currently used for 
ASDE-X to manage the movement of aircraft on airport surfaces and for 
other things, such as the Traffic Alert and Collision Avoidance System 
(TCAS),\1\ but tentatively concluded that permitting use of the 
frequency by vehicle squitters would further the public interest. See 
NPRM, 25 FCC Rcd at 3356 paras. 6-7.
---------------------------------------------------------------------------

    \1\ TCAS is an airborne warning system designed to avert mid-air 
collisions. See Review of part 87 of the Commission's Rules 
Concerning the Aviation Radio Service, Report and Order and Further 
Notice of Proposed Rule Making, WT Docket No. 01-289, 18 FCC Rcd 
21432, 21467 n.265 (2003) (Part 87 Report and Order). In the Part 87 
Report and Order, the Commission adopted a proposal to permit ground 
testing of TCAS on frequency 1090 MHz, and amended Sec.  
87.475(c)(2) of the rules, 47 CFR 87.475(c)(2), accordingly. See 
Part 87 Report and Order, 18 FCC Rcd at 21467 para. 74. When it 
amended Sec.  87.475(c)(2) later in that proceeding, however, the 
Commission inadvertently removed the language authorizing ground 
testing of TCAS on 1090 MHz. See Review of Part 87 of the 
Commission's Rules Concerning the Aviation Radio Service, Second 
Report and Order and Second Further Notice of Proposed Rule Making, 
WT Docket No. 01-289, 21 FCC Rcd 11582, 11587-88 para. 6 (2006) 
(Part 87 Second Report and Order). In the NPRM in this proceeding, 
the Commission proposed to correct that error by amending Sec.  
87.475(c)(2) to restore the deleted language. See NPRM, 25 FCC Rcd 
at 3357 n.13. We now adopt the proposed correction.
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    3. Accordingly, the Commission sought comment on proposed technical 
and service rules for vehicle squitters on frequency 1090 MHz. See 
NPRM, 25 FCC Rcd at 3357 paras. 9-14. The NPRM sought comment on 
whether the Commission should limit operation of vehicle squitters to 
the runway movement area to prevent use of the system for purposes 
other than vehicle and aircraft safety (such as tracking baggage 
carts). See NPRM, 25 FCC Rcd at 3357 paras. 12. The NPRM also 
tentatively agreed with NTIA's proposal that the Commission coordinate 
applications with the FAA through the Interdepartment Radio Advisory 
Committee (IRAC), and it sought comment on whether the Commission 
should require applicants to pre-coordinate with the relevant FAA 
Regional Office before filing an application with the Commission. See 
NPRM, 25 FCC Rcd at 3357 para. 13.

I. Procedural Matters

A. Paperwork Reduction Act Analysis

    4. This document contains new or modified information collection 
requirements subject to the Paperwork Reduction Act of 1995 (PRA), 
Public Law 104-13. Specifically, it requires prospective DLT station 
licensees to coordinate their applications with ASRI, the aeronautical 
enroute station

[[Page 61204]]

licensee. It will be submitted to the Office of Management and Budget 
(OMB) for review under section 3507(d) of the PRA. OMB, the general 
public, and other Federal agencies are invited to comment on the new or 
modified information collection requirements contained in this 
proceeding. In the present document, we have assessed the effects of 
requiring coordination of DLT applications with ASRI and find that this 
will avoid interference to safety-related aeronautical enroute 
communications without having a significant impact on small business 
concerns with fewer than 25 employees. Coordination with ASRI should 
not be more burdensome than coordination with the FAA, which is 
required for analogous RLT applications.

B. Report to Congress

    5. The Commission will send a copy of the R&O to Congress and the 
Government Accountability Office pursuant to the Congressional Review 
Act, see 5 U.S.C. 801(a)(1)(A).

C. Final Regulatory Flexibility Analysis

    6. As required by the Regulatory Flexibility Act of 1980, as 
amended (RFA), an Initial Regulatory Flexibility Analysis (IRFA) was 
incorporated in the NPRM in WT Docket Nos. 10-61 and 09-42; RM-11503 
and RM-11596, at 75 FR 22352, April 28, 2010. The Commission sought 
written public comment on the proposals in the NPRM, including comment 
on the IRFA. This present Final Regulatory Flexibility Analysis (FRFA) 
conforms to the RFA.
Need for, and Objectives of, the Report and Order
    7. The rules adopted in the R&O are intended to ensure that the 
Commission's part 87 rules governing the Aviation Radio Service remain 
up to date and continue 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. 
Specifically, we amend part 87 of the Commission's rules to allow use 
of the frequency 1090 MHz by aeronautical utility mobile stations for 
airport surface detection equipment, commonly referred to as vehicle 
``squitters,'' to help reduce collisions between aircraft and airport 
ground vehicles. In addition, we establish service rules for audio 
visual warning systems to help aircraft in flight avoid antenna 
structures and other obstacles. We also adopt rules to permit ground 
testing of aviation data link test systems.
Summary of Significant Issues Raised by Public Comments in Response to 
the IRFA
    8. No comments were submitted specifically in response to the 
IRFAs. Nonetheless, we have considered the potential economic impact on 
small entities of the rules discussed in the IRFAs, and we have 
considered alternatives that would reduce the potential economic impact 
on small entities of the rules enacted herein.
Description and Estimate of the Number of Small Entities to Which Rules 
Will Apply
    9. 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 rules adopted herein. The RFA 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: (1) Is independently owned and operated; 
(2) is not dominant in its field of operation; and (3) satisfies any 
additional criteria established by the Small Business Administration 
(SBA).
    10. 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 analysis, the Commission uses the SBA 
small business size standard for the category Wireless 
Telecommunications Carriers (except satellite),'' which is 1,500 or 
fewer employees. Census data for 2007 shows that there were 1,383 firms 
in that category that operated for the entire year. Of those 1,383, 
1,368 had fewer than 1,000 employees, and 15 firms had 1,000 or more 
employees. Thus under this category and the associated small business 
size standard, the majority of firms can be considered small.
    11. Some of the rules adopted herein may also affect small 
businesses that manufacture aviation radio equipment. The Census Bureau 
does not have a category specific to aviation radio equipment 
manufacturers. The appropriate category is that for 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 2007, there 
were a total of 939 firms in this category that operated that year. Of 
this total, 912 had fewer than 500 employees and 27 had 500 or more 
employees. Thus, under this size standard, the majority of firms can be 
considered small.
Description of Projected Reporting, Recordkeeping, and Other Compliance 
Requirements for Small Entities
    12. The rule changes adopted in the R&O require manufacturers to 
meet certain criteria and potential licensees to operate the equipment 
as prescribed in the Rules, including prior coordination with the FAA 
and ASRI. We believe the other final rules will have no significant 
effect on the compliance burdens of regulatees. The R&O requires data 
link test (DLT) system applicants to coordinate with the aeronautical 
enroute licensee for the frequencies on which the DLT applicant 
proposes to operate. This requirement affects small and large companies 
equally. The compliance requirement is no greater than the requirement 
to coordinate with the Federal Aviation Administration applications to 
operate analogous radionavigation land test system equipment, which the 
NPRM proposed to extend to DLT applicants.
Steps Taken To Minimize the Significant Economic Impact on Small 
Entities, and Significant Alternatives Considered
    13. The RFA requires an agency to describe the steps it has taken 
to minimize the significant economic impact on small entities 
consistent with the stated objectives of applicable statutes, including 
a statement of the factual, policy, and legal reasons for selecting the 
alternative adopted in the final rule and why each one of the other 
significant alternatives to the rule considered by the agency which 
affect

[[Page 61205]]

the impact on small entities was rejected.
    14. We believe that the R&O does not impose any significant 
additional reporting, recordkeeping, or other compliance requirements 
on small entities. The rules adopted in the R&O authorize new ground 
station technologies that will promote the overriding issue of aviation 
safety. No commenter identified any less burdensome alternatives that 
would be consistent with the item's objectives and the Commission's 
goals and responsibilities.
    15. The Commission will send a copy of the R&O in WT Docket Nos. 
10-61 and 09-42, including the Final Regulatory Flexibility Analysis, 
in a report to be sent to Congress pursuant to the Congressional Review 
Act. In addition, the Commission will send a copy of the R&O, including 
the Final Regulatory Flexibility Analysis, to the Chief Counsel for 
Advocacy of the SBA. A copy of the R&O and the Final Regulatory 
Flexibility Analysis (or summaries thereof) will also be published in 
the Federal Register.

List of Subjects for 47 CFR Part 87

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

Federal Communications Commission.
Marlene H. Dortch,
Secretary.

    For the reasons discussed in the preamble, the Federal 
Communications Commission amends 47 CFR part 87 as follows:

PART 87--AVIATION SERVICES

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

    Authority:  48 Stat. 1066, 1082, as amended; 47 U.S.C. 154, 303, 
307(e) unless otherwise noted. Interpret or apply 48 Stat. 1064-
1068, 1081-1105, as amended; 47 U.S.C. 151-156, 301-609.


0
2. Section 87.5 is amended by adding the definitions ``Aircraft data 
link system'', ``Aircraft data link land test station'' in alphabetical 
order, and revising the definition of ``Surveillance radar station '' 
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 economic operation of the aircraft.
    Aircraft data link land test station. A station which is used to 
test and calibrate aircraft data link system communications equipment.
* * * * *
    Surveillance radar station. A radionavigation land station in the 
aeronautical radionavigation service employing radar to detect the 
presence of aircraft within its range.
* * * * *

0
3. Section 87.131 is amended by revising the entry in the table for 
``Aeronautical utility mobile'' and adding an entry for ``Aircraft data 
link land test'' immediately afterward to read as follows:


Sec.  87.131  Power and emissions.

* * * * *

----------------------------------------------------------------------------------------------------------------
                                       Frequency band/
         Class of station                 frequency        Authorized emission(s) \9\      Maximum power \1\
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Aeronautical utility mobile.......  VHF..................  A3E.......................  10 watts.
                                    1090 MHz.............  M1D.......................  20 watts.
Aircraft data link land test......  131.450 MHz, 131.550   A2D.......................  100 microwatts.
                                     MHz, 131.725 MHz,
                                     131.825 MHz, 136.850
                                     MHz.
                                    136.900 MHz, 136.925   G1D.......................  100 microwatts.
                                     MHz, 136.950 MHz,
                                     136.975 MHz.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\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.

* * * * *
0
4. Amend Sec.  87.133 by amending the table in paragraph (a) to add an 
entry to category (7) between ``Aircraft earth station'' and 
Radionavigation stations'' to read as follows:


Sec.  87.133  Frequency stability.

    (a) * * *

------------------------------------------------------------------------
    Frequency band (lower limit
exclusive, upper limit inclusive),    Tolerance \1\      Tolerance \2\
    and categories of stations
------------------------------------------------------------------------
 
                              * * * * * * *
Aeronautical utility mobile                      1000               1000
 stations on 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 10\6\ 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 10\6\ unless shown as
  Hertz (Hz).

* * * * *
0
5. Section 87.137 is amended by amending the table in paragraph (a) to 
add an entry between M1A and N0N to read as follows:


Sec.  87.137  Types of emission.

    (a) * * *

[[Page 61206]]



--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                           Authorized
                                                                                                                                           bandwidth
                Class of emission                              Emission designator                  Below 50 MHz       Above 50 MHz       (kilohertz)
                                                                                                                                           frequency
                                                                                                                                           deviation
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
M1D.............................................  14M0M1D                                                     14.0  .................  .................
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------


0
6. Amend Sec.  87.171 by adding the entries AVW and DLT to the ``Symbol 
and class of station'' list in alphabetical order, and by moving the 
entry for FAU between the FAT and FAW entries to read as follows:


Sec.  87.171  Class of station symbols.

* * * * *
AVW--Audio visual warning systems
* * * * *
DLT--Aircraft data link land test
* * * * *

0
7. In Sec.  87.173 amend the table in paragraph (b) as follows:
0
a. Revise the entries for 122.700 MHz, 122.725 MHz, 122.750 MHz, 
122.800 MHz, 122.850 MHz, 122.900 MHz, 122.950 MHz, 122.975 MHz, 
123.000 MHz, 123.025 MHz, 123.050 MHz, 123.075 MHz, 123.300 MHz, 
123.500 MHz, 128.825-132.000 MHz, 136.500 MHz-136.875 MHz, 136.900 MHz, 
136.925 MHz, 136.950 MHz, 136.975 MHz and 1030.000 MHz as set forth 
below.
0
b. Add new entries for 131.450 MHz, 131.550 MHz, 131.725 MHz, 131.825 
MHz, 136.850 MHz and 1090.000 MHz in numerical order as set forth 
below.


Sec.  87.173  Frequencies.

* * * * *
    (b) * * *

----------------------------------------------------------------------------------------------------------------
  Frequency or frequency band          Subpart                   Class of station                  Remarks
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
122.700 MHz...................  G, L, Q.............  MA, FAU, MOU, AVW....................  Unicom at airports
                                                                                              with no control
                                                                                              tower;
                                                                                              Aeronautical
                                                                                              utility stations.
122.725 MHz...................  G, L, Q.............  MA, FAU, MOU, AVW....................  Unicom at airports
                                                                                              with no control
                                                                                              tower;
                                                                                              Aeronautical
                                                                                              utility stations.
122.750 MHz...................  F, Q................  MA2, AVW.............................  Private fixed wing
                                                                                              aircraft air-to-
                                                                                              air
                                                                                              communications.
 
                                                  * * * * * * *
122.800 MHz...................  G, L, Q.............  MA, FAU, MOU, AVW....................  Unicom at airports
                                                                                              with no control
                                                                                              tower;
                                                                                              Aeronautical
                                                                                              utility stations.
 
                                                  * * * * * * *
122.850 MHz...................  H, K, Q.............  MA, FAM, FAS, AVW.                     ...................
 
                                                  * * * * * * *
122.900 MHz...................  F, H, L, M, Q.......  MA, FAR, FAM, MOU, AVW...............  ...................
 
                                                  * * * * * * *
122.950 MHz...................  G, L, Q.............  MA, FAU, MOU, AVW....................  Unicom at airports
                                                                                              with control
                                                                                              tower;
                                                                                              Aeronautical
                                                                                              utility stations.
122.975 MHz...................  G, L, Q.............  MA, FAU, MOU, AVW....................  Unicom at airports
                                                                                              with no control
                                                                                              tower;
                                                                                              Aeronautical
                                                                                              utility stations.
123.000 MHz...................  G, L, Q.............  MA, FAU, MOU, AVW....................  Unicom at airports
                                                                                              with no control
                                                                                              tower;
                                                                                              Aeronautical
                                                                                              utility stations.
123.025 MHz...................  F, Q................  MA2, AVW.............................  Helicopter air-to-
                                                                                              air
                                                                                              communications;
                                                                                              Air traffic
                                                                                              control
                                                                                              operations.
123.050 MHz...................  G, L, Q.............  MA, FAU, MOU, AVW....................  Unicom at airports
                                                                                              with no control
                                                                                              tower;
                                                                                              Aeronautical
                                                                                              utility stations.
123.075 MHz...................  G, L, Q.............  MA, FAU, MOU, AVW....................  Unicom at airports
                                                                                              with no control
                                                                                              tower;
                                                                                              Aeronautical
                                                                                              utility stations.
 
                                                  * * * * * * *
123.300 MHz...................  K, Q................  MA, FAS, AVW.                          ...................
 
                                                  * * * * * * *
123.500 MHz...................  K, Q................  MA, FAS, AVW.                          ...................
 
                                                  * * * * * * *
128.825-132.000 MHz...........  I...................  MA, FAE..............................  Domestic VHF.
131.450 MHz...................  I...................  DLT.                                   ...................
131.550 MHz...................  I...................  DLT.                                   ...................
131.725 MHz...................  I...................  DLT.                                   ...................
131.825 MHz...................  I...................  DLT.                                   ...................
 
                                                  * * * * * * *
136.500-136.875 MHz...........  I...................  MA, FAE..............................  Domestic VHF; 25
                                                                                              kHz channel
                                                                                              spacing.
136.850 MHz...................  I...................  DLT.                                   ...................
136.900 MHz...................  I...................  MA, FAE, DLT.........................  International and
                                                                                              Domestic VHF.
136.925 MHz...................  I...................  MA, FAE, DLT.........................  International and
                                                                                              Domestic VHF.
136.950 MHz...................  I...................  MA, FAE, DLT.........................  International and
                                                                                              Domestic VHF.
136.975 MHz...................  I...................  MA, FAE, DLT.........................  International and
                                                                                              Domestic VHF.
 

[[Page 61207]]

 
                                                  * * * * * * *
1030.000 MHz..................  Q...................  RLT.                                   ...................
1090.000 MHz..................  L...................  MOU, RLT.............................  Vehicle Squitter.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------


0
8. In part 87, revise the heading to subpart I to read as follows:

Subpart I--Aeronautical Enroute Stations, Aeronautical Fixed 
Stations, and Aircraft Data Link Land Test Stations

0
9. Add an undesignated center heading ``AIRCRAFT DATA LINK LAND TEST 
STATIONS'' after Sec.  87.279, in subpart I and add Sec. Sec.  87.285 
and 87.287 to subpart I to read as follows:

Aircraft Data Link Land Test Stations


Sec.  87.285  Scope of service.

    The frequencies indicated in Sec.  87.287 of this chapter may be 
used to test aircraft data link systems on a secondary basis to other 
licensed stations. 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'' First Edition-2001, 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 and approved by the Director of the Federal Register. The 
RTCA document is available and may be obtained from RTCA, Inc., 1828 L 
Street NW., Suite 805, Washington, DC 20036 and by email to 
[email protected] or go to http://RTCA.org. 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, by email to 
[email protected] or go to: http://www.ICAO.int. You may inspect a copy 
at the Federal Communications Commission, 445 12th Street SW., 
Washington, DC 20554, 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.


Sec.  87.287  Frequencies.

    (a) The frequencies assignable to aircraft data link land test 
stations are 131.450 MHz, 131.550 MHz, 131.725 MHz, 131.825 MHz, 
136.850 MHz, 136.900 MHz, 136.925 MHz, 136.950 MHz, and 136.975 MHz. 
Interstitial frequencies separated by 8.33 kilohertz from these 
frequencies may also be assigned.
    (b) Before submitting an application for an aircraft data link land 
test station, an applicant must obtain written permission from the 
licensee of the aeronautical enroute stations serving the areas in 
which the aircraft data link land test station will operate on a co-
channel basis. The Commission may request an applicant to provide 
documentation as to this fact.

0
10. Amend Sec.  87.349 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 ground vehicle identification 
and collision avoidance after coordination with the FAA, subject to the 
following conditions:
    (1) The applicant must notify the appropriate Regional Office of 
the FAA prior to submission to the Commission of an application for a 
new station or for modification of an existing station. Each 
application must include the FAA Regional Office notified and date of 
notification.
    (2) Eligibility is restricted to airport operators holding an FAA 
Airport Operating Certificate, and other entities approved by the FAA 
on a case-by-case basis to use frequency 1090 MHz for use by 
aeronautical utility mobile stations for ground vehicle identification 
and collision avoidance;
    (3) No more than two hundred 1090 MHz aeronautical utility mobile 
stations will be authorized at one airport;
    (4) 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.
    (5) Message transmission rates are limited as indicated in the 
table below:

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


0
11. Amend Sec.  87.475 as follows:
0
a. Redesignating paragraph (b)(9), (b)(7) and (8) as paragraphs (b)(7), 
(b)(8) and (9) respectively;
0
b. Adding new paragraphs (b)(10) through (b)(14); and
0
c. Revising paragraphs (c)(1) and (c)(2) introductory text .


Sec.  87.475  Frequencies.

* * * * *
    (b) * * *
    (10) 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.
    (11) 5000-5250 MHz: This band is to be used for the operation of 
the international standard system (microwave landing system).
    (12) 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.
    (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, 32,300-33,400 MHz: In these bands, land-based

[[Page 61208]]

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); and 87.475(b)(6) through (b)(11) 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 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:
* * * * *
0
12. Section 87.483 is added to subpart Q to read as follows:


Sec.  87.483  Audio visual warning systems.

    An audio visual warning system (AVWS) is a radar-based obstacle 
avoidance system. AVWS activates obstruction lighting and transmits VHF 
audible warnings to alert pilots of potential collisions with land-
based obstructions. The AVWS operations are limited to locations where 
natural and man-made obstructions exist. The continuously operating 
radar calculates the location, direction and groundspeed of nearby 
aircraft that enter one of two warning zones reasonably established by 
the licensee. As aircraft enter the first warning zone, the AVWS 
activates obstruction lighting. If the aircraft continues toward the 
obstacle and enters the second warning zone, the VHF radio transmits an 
audible warning describing the obstacle.
    (a) Radiodetermination (radar) frequencies. Frequencies authorized 
under Sec.  87.475(b)(8) of this chapter are available for use by an 
AVWS. The frequency coordination requirements in Sec.  87.475(a) of 
this chapter apply.
    (b) VHF audible warning frequencies. Frequencies authorized under 
Sec.  87.187(j), Sec.  87.217(a), Sec.  87.241(b), and Sec.  87.323(b) 
(excluding 121.950 MHz) of this chapter are available for use by an 
AVWS. Multiple frequencies may be authorized for an individual station, 
depending on need and the use of frequencies assigned in the vicinity 
of a proposed AVWS facility. Use of these frequencies is subject to the 
following limitations:
    (1) The output power shall not exceed -3 dBm watts for each 
frequency authorized.
    (2) The antenna used in transmitting the audible warnings must be 
omnidirectional with a maximum gain equal to or lower than a half-wave 
centerfed dipole above 30 degrees elevation, and a maximum gain of +5 
dBi from horizontal up to 30 degrees elevation.
    (3) The audible warning shall not exceed two seconds in duration. 
No more than six audible warnings may be transmitted in a single 
transmit cycle, which shall not exceed 12 seconds in duration. An 
interval of at least twenty seconds must occur between transmit cycles.

[FR Doc. 2013-22500 Filed 10-2-13; 8:45 am]
BILLING CODE 6712-01-P