[Federal Register Volume 84, Number 127 (Tuesday, July 2, 2019)]
[Proposed Rules]
[Pages 31542-31559]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-12980]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 2 and 87

[WT Docket No. 19-140; RM-11793, RM-11799, RM-11818, RM-11832; FCC 19-
53]


Promoting Aviation Safety

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: In this document, the Federal Communications Commission 
(Commission or FCC) proposes changes to the Aviation Radio Service 
rules to support the deployment of more advanced avionics technology, 
increase the efficient use of limited spectrum resources, and generally 
improve aviation safety.

DATES: Comments due by September 3, 2019. Reply comments due by 
September 30, 2019.

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ADDRESSES: You may submit comments, identified by WT Docket No. 19-140, 
by any of the following methods:
     Federal Communications Commission's Website: http://apps.fcc.gov/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 email: [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, [email protected], 
Wireless Telecommunications Bureau, (202) 418-1617, or TTY (202) 418-
7233.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice 
of Proposed Rulemaking (NPRM) in WT Docket No. 19-140, FCC 19-53, 
adopted on June 6, 2019, and released on June 7, 2019. The full text of 
this document is available for inspection and copying during normal 
business hours in the FCC Reference Information Center, Portals II, 445 
12th Street SW, Washington, DC 20554. Alternative formats are available 
to persons with disabilities by sending an email to [email protected] or 
by calling the Consumer & Governmental Affairs Bureau at 202-418-0530 
(voice), 202-418-0432 (tty). To request materials in accessible formats 
for persons with disabilities (braille, large print, electronic files, 
audio format), send an email to [email protected] or call the Consumer & 
Governmental Affairs Bureau at 202-418-0530 (voice), 202-418-0432 
(tty). The complete text is also available on the Commission's website 
at: www.fcc.gov.

Synopsis

    1. The Commission regulates the Aviation Radio Service in 
cooperation with the Federal Aviation Administration (FAA), which 
currently is undertaking several initiatives to promote aviation 
safety, including, most importantly, developing and implementing the 
Next Generation Aviation System (NextGen). NextGen is a modernization 
of the U.S. air transportation system that is designed to increase the 
safety, efficiency, capacity, predictability, and resiliency of 
American aviation.
    2. Enhanced Flight Vision Systems. One key objective of NextGen is 
to increase airport approach and arrival access and flexibility through 
improved aircraft capabilities such as Enhanced Flight Vision Systems. 
These are airborne systems that supplement instrument landing systems 
in limited visibility environments (such as fog, haze, smoke, sand, and 
precipitation) by providing a synthetic vision or computer-generated 
image of terrain and obstacles.
    3. The Commission tentatively concludes that accommodating the 
effective and efficient use of Enhanced Flight Vision System radar is 
in the public interest. Degraded visibility at an airport can cause 
aborted landing attempts and aircraft being placed in a holding pattern 
or redirected to other airports. Implementation of Enhanced Flight 
Vision Systems can increase opportunities for flights to land in 
conditions that otherwise would close airports. This should enhance 
safety and reduce flight delays and cancellations, fuel consumption and 
emissions, aircraft operational costs, and passenger travel time. The 
Commission seeks comment on this tentative conclusion.
    4. The FAA specifically identifies millimeter wave \1\ radar as an 
acceptable type of Enhanced Flight Vision System imaging. In 2018, 
Sierra Nevada Corporation (Sierra Nevada) filed a petition for 
rulemaking asking the Commission to amend its rules to allow for the 
operation of Enhanced Flight Vision System radar in the 92-95.5 GHz 
frequency range. It maintains that millimeter wave radar is superior to 
existing technology using infrared camera sensors, which provide 
inadequate penetration in heavily degraded visual conditions. Sierra 
Nevada also asserts that the 90 GHz band is the optimal frequency range 
to maximize obscurant penetration (removing false detections caused by 
cloud particles and locating obstacles within the cloud) and radar 
resolution, because higher frequency bands provide lower penetration, 
while lower frequency bands require antennas that are too large to fit 
in an aircraft nose cone.\2\
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    \1\ I.e., frequencies between 30 GHz and 300 GHz.
    \2\ The Commission's rules currently authorize no aircraft 
station operations above 33.4 GHz.
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    5. The frequencies in the 92-95.5 GHz range are allocated for 
Federal and non-Federal use on a shared basis, and they mainly consist 
of shared co-primary allocations.\3\ In addition, Footnote US342 (of 
the Commission's Table of Frequency Allocations), which applies to 
nearly all of this frequency range, requires that all practical steps 
be taken to protect the Radio Astronomy Service from harmful 
interference.\4\ In its petition, Sierra Nevada argues that its 
Enhanced Flight Vision System product would be able to co-exist 
successfully with other users in this band because: (1) The device will 
be used only under adverse conditions and operate at low power, low 
altitude, and for short duration; \5\ (2) transmissions in the 92-95.5 
GHz band are characterized by severe propagation losses; and (3) 
currently there are very few users of the band. The Commission seeks 
comment on these assertions, and specifically on whether Enhanced 
Flight Vision System radars are compatible with existing and 
contemplated services in the 92-95.5 GHz band, such as foreign object 
debris detection systems.\6\
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    \3\ The 92-94 GHz and 94.1-95 GHz bands are allocated for the 
Fixed, Mobile, Radio Astronomy, and Radiolocation services on a co-
primary basis. The 94-94.1 GHz band contains Federal co-primary 
allocations for the Earth Exploration Satellite (Active) and Space 
Research (Active) Services, and shared allocations for Radiolocation 
(primary) and Radio Astronomy (secondary). The 95-100 GHz band has 
shared co-primary allocations for the Fixed, Mobile, Radio 
Astronomy, Radiolocation, Radionavigation, and Radionavigation-
Satellite Services.
    \4\ The footnote does not apply to the 94-94.1 GHz band.
    \5\ FAA rules permit use of Enhanced Flight Vision Systems only 
below the Decision Altitude/Decision Height, which is the point at 
which the pilot must decide whether to continue the approach or 
initiate a missed approach. Generally, Enhanced Flight Vision 
Systems will be used for less than a half-minute over the course of 
less than a linear mile prior to touching down.
    \6\ We note in this regard that the International 
Telecommunication Union Radiocommunication Sector Working Party 5B 
is considering a proposal to authorize foreign object debris 
detection systems in the 92-100 GHz band.
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    6. Consequently, the Commission proposes to amend its rules to 
permit the use of the 92-95.5 GHz band for Enhanced Flight Vision 
System radar. It proposes to amend the Table of Allocations to add a 
Radionavigation Service allocation to the 92-95 GHz band. It also 
proposes to amend part 87 by adding service rules listing the 92-95.5 
GHz band as an authorized band for Enhanced Flight Vision System 
radar,\7\ defining Enhanced Flight Vision System,\8\ and exempting 
Enhanced

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Flight Vision Systems from the station identification requirement in 
section 87.107. The Commission seeks comment on these proposals, and on 
their costs and benefits. The Commission also asks commenters to 
identify any other rule changes necessary to allow for the operation of 
Enhanced Flight Vision Systems and to address any effects that such 
further rule changes may have on existing services.
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    \7\ The Commission also takes this opportunity to propose to 
update the address to which applicants for equipment certification 
in an Aviation Radio Service frequency band must send notification 
to the FAA.
    \8\ The Commission proposes to adopt the FAA definition: 
``Enhanced flight vision system (EFVS) means an installed aircraft 
system which uses an electronic means to provide a display of the 
forward external scene topography (the natural or manmade features 
of a place or region especially in a way to show their relative 
positions and elevation) through the use of imaging sensors, 
including but not limited to forward-looking infrared, millimeter 
wave radiometry, millimeter wave radar, or low-light level image 
intensification. An EFVS includes the display element, sensors, 
computers and power supplies, indications, and controls.''
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    7. Audio Visual Warning Systems. In 2013, the Commission adopted 
rules for audio visual warning systems, which are integrated air hazard 
notification systems that activate obstruction lighting and transmit 
audible warnings to aircraft on a potential collision course with an 
obstacle such as a power line, wind turbine, or tower. These systems 
are installed on a tower or other obstacle and contain a radar unit and 
a radio capable of transmitting in the VHF aeronautical band (108-
136.975 MHz). When the radar detects an aircraft within a predefined 
horizontal and vertical perimeter (warning zone), the system activates 
the obstruction lighting as a visual warning. If the aircraft continues 
toward the obstacle into a second warning zone, the VHF radio transmits 
an audible warning describing the hazard (e.g., ``power line . . . 
power line''). The Commission concluded that authorizing audio visual 
warning system stations would serve the public interest by helping 
aircraft avoid potential collisions with antenna structures and other 
obstacles. In order to avoid interference to other communications, the 
Commission restricted audible warnings to certain frequencies within 
the VHF aeronautical band, and limited the power and duty cycle. 
Specifically, the audible warning may not exceed two seconds in 
duration, no more than six warnings may be transmitted in a single 
transmit cycle, and there must be an interval of at least 20 seconds 
between transmit cycles.
    8. In 2015, the FAA updated its Advisory Circular regarding 
obstruction marking and lighting to include requirements for Aircraft 
Detection Lighting Systems, which it defines as ``sensor-based systems 
designed to detect aircraft as they approach an obstruction or group of 
obstructions; these systems automatically activate the appropriate 
obstruction lights until they are no longer needed by the aircraft.'' 
The Advisory Circular imposes performance standards for aspects of 
Aircraft Detection Lighting Systems that are not addressed in the 
Commission's rules, such as the volume of airspace in which aircraft 
must be detected and the period for which the obstruction lights must 
remain illuminated. The FAA will not approve Aircraft Detection 
Lighting System installations that do not comply with the Advisory 
Circular.
    9. The Advisory Circular provides that the audible warning feature 
is optional rather than mandatory, but it sets forth requirements 
regarding the content and duration of the warning. Specifically, the 
audible warning must be activated when an aircraft is within one-half 
nautical mile horizontally and 500 feet vertically of the obstruction. 
It is repeated three times or until the system determines that the 
aircraft is no longer within that area. The Commission notes that the 
FAA's requirements may conflict with the permissible duty cycle in the 
Commission's Rules in that aircraft may enter this warning zone more 
frequently, or remain in it longer, than the permitted broadcast of the 
audible warning allowed under our rules.
    10. The Commission proposes to amend its rules to address the 
Advisory Circular and to facilitate the licensing of Aircraft Detection 
Lighting Systems, which serve the public interest by reducing the 
impact of nighttime lighting on nearby communities and migratory birds, 
reducing energy consumption, and extending the life expectancy of 
obstruction lights. It proposes to amend its rules to use the FAA's 
terminology and to remove the duty cycle limits that conflict with the 
Advisory Circular. The Commission seeks comment on whether the proposed 
relaxation of the duty cycle limits would pose a significantly greater 
risk of interference to other communications.
    11. The Commission proposes to codify in its rules these Advisory 
Circular standards related to the audible warning and tentatively 
concludes that additional codification is unnecessary. The Commission 
does not propose any changes to its rules regarding permissible 
frequencies or the technical parameters for the audible warning that do 
not conflict with the Advisory Circular. It tentatively concludes that 
such rule changes are unnecessary because they would simply duplicate 
the FAA requirements and would necessitate further revision of the 
Commission's rules if those requirements change. The Commission seeks 
comment on these proposals.
    12. The Commission also seeks comment on whether any changes to its 
part 17 rules governing marking and lighting of antenna structures are 
needed to make them consistent with the Advisory Circular with respect 
to Aircraft Detection Lighting Systems. Commenters seeking part 17 rule 
changes are encouraged to provide specific language.
    13. Aeronautical Mobile (Route) Service Systems in the 108-117.975 
MHz and 960-1164 MHz Bands. In 2015, the Commission allocated the 108-
117.975 MHz and 960-1164 MHz bands to the Aeronautical Mobile (Route) 
Service \9\ on a primary basis for Federal and non-Federal use, with 
the limitations that systems must operate in accordance with recognized 
international aeronautical standards and that such use must be in 
accordance with certain International Telecommunication Union (ITU) 
resolutions. The ITU resolutions require that these systems must be 
able to operate in spectrum adjacent to the FM radio band without 
interference from broadcast operations.\10\ In addition, use of the 
108-112 MHz sub-band is limited to systems composed of ground-based 
transmitters and associated receivers that provide navigational 
information in support of air navigation functions.
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    \9\ The Aeronautical Mobile (Route) Service (also referred to as 
the Aeronautical Mobile Route (R) Service) is an aeronautical mobile 
service reserved for communications relating to safety and 
regularity of flight, primarily along national or international 
civil air routes. It is a subset of the Aeronautical Mobile Service.
    \10\ Specifically, Aeronautical Mobile (Route) Service systems 
must meet the requirements in Annex 10 to the Convention on 
International Civil Aviation, including FM broadcasting immunity.
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    14. The Commission's WRC-07 Report and Order amended the section 
2.106 Table of Frequency Allocations but did not adopt corresponding 
service rules. The Commission now seeks comment on whether those 
amendments are sufficient to codify the relevant ITU decisions in the 
Commission's rules, or whether it should modify the part 87 service 
rules to reflect expressly the requirements of the relevant ITU 
resolutions (in addition to the proposed amendments discussed in the 
following paragraphs). For example, the Commission could expressly 
extend the FM broadcasting immunity requirements in section 87.151 of 
the rules, which currently references only differential Global 
Positioning System receivers, to all aeronautical mobile (route) 
service receivers. To implement the provisions that are specific to the 
108-112 MHz sub-band, the Commission could limit the use of the band to 
Ground-Based Augmentation Systems.\11\ Commenters favoring amendments 
to part 87 should identify

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the appropriate rule sections and provide suggested text to implement 
such amendments. Commenters should address the costs and benefits of 
any proffered rules or amendments. Finally, the Commission seeks 
comment on whether it should implement any form of grandfathering 
protection or transition provisions, should it adopt such rules.
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    \11\ Ground-Based Augmentation Systems stations are ground-based 
differential Global Positioning System transmitters.
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    15. Automatic Dependent Surveillance-Broadcast (ADS-B) is a key 
component of NextGen. ADS-B is a service that automatically broadcasts 
GPS-derived data on the location, velocity, altitude, heading, etc., of 
an ADS-B-equipped aircraft to other ADS-B-equipped aircraft and ground 
stations for distribution to air traffic control systems. After January 
1, 2020, virtually all aircraft must be able to transmit ADS-B 
information (ADS-B Out) to fly in most controlled airspace.\12\ For 
aircraft that operate above 18,000 feet or need to comply with ADS-B 
requirements outside the United States, the equipment must operate on 
frequency 1090 MHz using what are often referred to as 1090ES 
transponders. All other aircraft may carry equipment operating either 
on frequency 978 MHz or frequency 1090 MHz.
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    \12\ There is a partial exemption from the ADS-B carriage 
requirements for ``any aircraft that was not originally certificated 
with an electrical system, or that has not subsequently been 
certified with such a system installed, including balloons and 
gliders.'' The transmission of ADS-B information from aircraft is 
known as ``ADS-B Out'' and the reception of ADS-B information by 
aircraft is known as ``ADS-B In.''
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    16. In 2006, the Commission adopted technical and operational rules 
for ADS-B transmissions on 978 MHz using Universal Access Transceiver 
(UAT) technology.\13\ While the Commission authorized the use of the 
frequency 1090 MHz by aeronautical utility mobile stations used for 
airport surface detection in 2013, it has not adopted technical and 
operational rules specifically for airborne ADS-B transmissions on 1090 
MHz. The Commission believes that establishing rules specifically for 
1090ES is warranted, especially since the use of 1090 MHz for ADS-B 
will be mandatory for all aircraft operating above 18,000 feet or 
internationally. It proposes such rules below, but also seeks comment 
on whether the proposed rules are unnecessary because part 87 already 
accommodates 1090ES as an airborne electronic aid to navigation in the 
960-1215 MHz band.
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    \13\ A Universal Access Transceiver (UAT) is defined in part 87 
as a ``radio datalink system authorized to operate on the frequency 
978 MHz to support Automatic Dependent Surveillance--Broadcast (ADS-
B) Service, Traffic Information Services--Broadcast (TIS-B) and 
Flight Information Service--Broadcast (FIS-B).''
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    17. The Commission proposes to authorize 1090ES equipment for use 
on aircraft and to require compliance with certain technical standards, 
including emissions limitations and frequency stability requirements 
derived from the applicable FAA Technical Standard Order and the Radio 
Technical Commission for Aeronautics Minimum Operational Performance 
Standard. The Commission proposes similar requirements for UATs 
operating on 978 MHz to ensure their compatibility and interoperability 
in the ADS-B service. It seeks comment on how best to amend the part 87 
rules to reflect these standards to ensure compatibility and 
interoperability with this critical safety of life service. Should the 
Commission incorporate the standards by reference in part 87, adopt a 
rule stating the requirements imposed by the standards, or adopt some 
other measure? In addition to proposing entries in the appropriate part 
87 frequency tables to clarify that the frequency 1090 MHz is 
authorized for ADS-B use, the Commission proposes separate power, 
emission, and frequency tolerance and other technical requirements for 
ADS-B equipment operating on 978 MHz and 1090 MHz. It asks whether 
these requirements are appropriate and whether any additional or 
alternative technical rules are necessary for either 1090ES ADS-B or 
978 MHz UAT ADS-B. It invites comment on all aspects of this proposal. 
For example, it notes that the FAA is considering whether to adopt 
rules to exempt certain government aircraft from the requirement to 
transmit ADS-B data at all times, in the interest of protecting 
sensitive information relating to national security and law enforcement 
activities. We seek comment on whether we may need to take any action 
to implement exceptions adopted by the FAA for national security and 
law enforcement activities. We also note that the World 
Radiocommunication Conference held in 2015 allocated spectrum for 
satellite reception of ADS-B Out. Space-based ADS-B can extend air 
traffic visibility over the ocean and other areas of the planet where 
traditional radio receivers are not feasible. This and other potential 
changes to the part 87 rules stemming from decisions at WRC-15 will be 
addressed in a separate proceeding.
    18. Aeronautical Advisory (Unicom) Stations. Unicom stations 
provide safety-related and other information to aircraft, primarily 
general aviation aircraft. Unicom stations provide information 
concerning flying conditions, weather, availability of ground services, 
and other information to promote the safe and expeditious operation of 
aircraft.\14\ The Commission proposes two clarifications of the unicom 
rules to reduce confusion among licensees and applicants. It seeks 
comment on these proposed rule changes and on their costs and benefits.
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    \14\ Unicom stations also may transmit, on a secondary basis, 
information pertaining to the efficient portal-to-portal transit of 
an aircraft, such as information concerning available ground 
transportation, food, and lodging. They must provide impartial 
information concerning available ground services, and must provide 
service to any aircraft station upon request and without 
discrimination.
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    19. Current rules prohibit the authorization of more than one 
unicom station at an uncontrolled airport, i.e., an airport which does 
not have a control tower, remote communications outlet, or FAA flight 
service station that operates on the published common traffic advisory 
frequency.\15\ Eligibility for the unicom license at such an airport is 
restricted to State or local government entities and to nongovernmental 
organizations that are authorized to apply for the license by a State 
or local government entity whose primary mission is the provision of 
public safety services.\16\ The Commission proposes to clarify that 
this eligibility restriction applies only at public-use airports, and 
that unicom stations serving private airfields or helipads (such as at 
a hospital or offshore oil platform) that do not have a published 
common traffic advisory frequency do not need State or local government 
approval. The Commission did not appear to have considered such 
airports \17\ when it

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adopted the requirement, and it sees no reason now to apply it to the 
owner or operator of a private airfield or helipad.
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    \15\ Control towers provide air traffic control services to 
aircraft landing on, taking off from, and taxiing at an airport, as 
well as aircraft transiting an airport's traffic area. A remote 
communications outlet is an aeronautical radio station at a small 
uncontrolled airport located near a large controlled airport that is 
connected via landlines to the control tower (or other FAA control 
facility) and enables the FAA to provide air traffic services to 
more airports and aircraft than would normally be served by the 
control facility alone. A flight service station is part of a 
network of stations providing weather briefings and information on 
flight facilities and monitoring the navigational radio net. A 
common traffic advisory frequency is a frequency designated for the 
purpose of carrying out airport advisory practices while operating 
to or from an airport without an operating control tower and is 
identified in appropriate aeronautical publications.
    \16\ The Commission enacted this eligibility restriction in 2003 
to replace the hearing process for choosing among mutually exclusive 
unicom applicants at an uncontrolled airport. (The vast majority of 
airports in the United States are uncontrolled airports, and the 
unicom often is the only available source of critical safety-related 
information.)
    \17\ An airport is any area of land or water that is used or 
intended to be used for the landing and takeoff of aircraft, 
including its buildings and facilities. The Commission's rules 
regarding unicom stations do not distinguish between public-use and 
private airports.
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    20. Only one frequency is assigned to an airport for unicom 
communications, regardless of how many unicoms serve that airport.\18\ 
Currently, frequency 122.950 MHz must be used at airports that have a 
full-time control tower or full-time FAA flight service station; unicom 
stations at other airports use other frequencies. ``Full-time,'' in 
this context, means 24-hour operation.\19\ The Commission proposes to 
revise the rule to specify that unicom stations at airports with ``a 
control tower or FAA flight service station that operates at all times 
when the airport is used by aircraft for takeoff or landing'' must use 
122.950 MHz. This would clarify that 122.950 MHz is designated for use 
at all airports where the control tower or FAA flight service station 
is in operation at all times when the airport is open, including 
airports that do not operate continuously. The Commission invites 
comment on this proposal, and on alternative criteria. For example, 
should application of the rule be further expanded (by, for example, 
considering remote communications outlets, as the rules do with respect 
to whether more than one unicom is permitted at a particular airport) 
or should it be expanded in a more limited manner (by requiring unicom 
use of frequency 122.950 MHz only at airports that operate a minimum 
number of hours each day)? The Commission also seeks comment on the 
costs and benefits of expanding the use of frequency 122.950 MHz by 
unicom stations.
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    \18\ As noted in the preceding paragraph, it remains that only 
one unicom can be authorized to serve an uncontrolled airport. We 
propose no change to the rule limiting each airport to a single 
unicom frequency irrespective of the number of unicoms serving that 
airport.
    \19\ At any airport where there is a part-time control tower, 
moreover, the unicom frequency becomes the common traffic advisory 
frequency when the tower is closed.
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    21. Air Traffic Control and Aeronautical Operational Control 
Communications in the 136-137 MHz Band. The Commission's rules 
currently differentiate between air traffic control communications 
spectrum and aeronautical operational control communications spectrum. 
Air traffic control communications concern ``the safe, orderly, and 
expeditious flow of air traffic.'' They are intended to ensure the 
adequate separation of aircraft and include aircraft routing 
information and departure/landing clearances. Today, air traffic 
control communications are transmitted through VHF ground stations 
using voice transmission. part 87 designates the 136.000-136.475 MHz 
frequencies (the lower 136 MHz band) for air traffic control 
communications, but makes no mention of aeronautical operational 
control communications in connection with those frequencies. 
Aeronautical operational control communications pertain to ``the safe, 
efficient and economical operation of aircraft, such as fuel, weather, 
position reports, aircraft performance, and essential services and 
supplies;'' they are transmitted by aeronautical enroute service 
stations, which are authorized to use the 136.4875-137.000 MHz band 
(the upper 136 MHz band).
    22. NextGen's Data Communications (Data Comm) component will permit 
certain repetitive and routine communications transmitted to aircraft 
to be shifted from voice to data transmission. The system will transmit 
digital data that includes both air traffic control communications and 
aeronautical operational control communications over the entire 136-137 
MHz band using VHF Datalink Mode 2, an advanced digital protocol for 
aeronautical safety communications traffic.
    23. In response to an FAA request, the Wireless Telecommunications 
Bureau's Mobility Division (Division) in 2018 clarified that part 87 
permits aeronautical enroute service stations to transmit air traffic 
control communications as well as aeronautical operational control 
communications in the upper 136 MHz band. The Division did not address 
the lower portion of the band.
    24. In 2018, Aviation Spectrum Resources, Inc.\20\ filed a petition 
for rulemaking asking that the Commission amend part 87 to permit 
aeronautical enroute service stations to use the lower 136 MHz band to 
provide aeronautical operational control communications and air traffic 
control communications.\21\ The petition notes that our current rules 
do not fully accommodate Data Comm because networks using VHF Datalink 
Mode 2 combine all aviation messages into a single channel. This allows 
aircraft to exchange communications with aeronautical enroute service 
stations using a single avionics terminal aboard the aircraft.\22\ The 
petition also asserts that the ability to use VHF Datalink Mode 2 in 
the entire 136-137 MHz band ``is essential to accommodate the growing 
spectrum bandwidth needs of the aviation industry and ensure the safe 
operation and navigation of our nation's aircraft,'' and that 
implementation of Data Comm will yield significant gains in operational 
efficiency and reduce flight delays.\23\ The Commission tentatively 
concludes that permitting both aeronautical operational control and air 
traffic control communications throughout the 136-137 MHz band in 
support of Data Comm would enhance aviation safety and efficiency by 
permitting pilots to obtain critical information through a single 
integrated data link. It seeks comment on this tentative conclusion.
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    \20\ Aviation Spectrum Resources, Inc. is owned by a consortium 
of U.S. airlines and other airspace users and is the licensee of all 
U.S. aeronautical enroute service stations (except certain stations 
in Alaska).
    \21\ The ASRI Petition was placed on public notice on October 
18, 2018. Commenters unanimously support the petition.
    \22\ Using a single terminal for both aeronautical operational 
control and air traffic control traffic simplifies operations aboard 
the aircraft while also negating a need to retrofit large commercial 
aircraft with additional radios.
    \23\ Messages transmitted by VHF Datalink Mode 2 appear on a 
screen in the cockpit, can be printed, and can be transferred by the 
pilot or co-pilot into the aircraft's flight computer, thereby 
reducing the need for ``read backs'' of instructions and the 
acknowledgement or repeat of voice messages.
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    25. The Commission proposes to amend part 87 to permit aeronautical 
enroute stations to transmit both air traffic control communications 
and aeronautical operational control communications over the entire 
band. Specifically, it proposes to amend the part 87 frequency table in 
section 87.173(b), and section 87.263(a) in subpart I regarding 
aeronautical enroute service stations, to provide that: (1) 
Aeronautical enroute service stations may use the entire 136 MHz band, 
and (2) aeronautical operational control communications may be 
transmitted over the entire band. The Commission also proposes to 
specify that, when an aeronautical enroute station uses frequencies to 
transmit both air traffic control communications and aeronautical 
operational control communications, the specific frequencies and 
traffic sharing methodology must be agreed upon between the 
aeronautical enroute service station licensee and the FAA.\24\ The 
Commission seeks comment on these proposed rule changes and on their 
costs and benefits. It requests that commenters be as detailed as 
possible in providing estimates of the costs and benefits to various 
stakeholders. The Commission also invites commenters to indicate 
whether they agree that these

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rule changes would serve the public interest by enhancing aviation 
safety, whether there are any other alternatives that might reasonably 
accommodate Data Comm, whether any other rules need to be amended, and 
whether the specifics of our proposed amendments should be modified. It 
encourages commenters to address whether more detail is required in the 
rule regarding the requirement for securing FAA agreement before 
initiating joint aeronautical operational control/air traffic control 
operations.
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    \24\ The Commission has in other contexts required applicants 
and licensees to coordinate with the FAA as a condition precedent to 
the use of aviation spectrum.
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    26. Aeronautical Mobile Airport Communications Systems. The 
Aeronautical Mobile Airport Communications System (AeroMACS) is an 
internationally standardized and harmonized broadband aeronautical 
mobile (route) service system that will enable communications for 
surface operations at airports between aircraft and other vehicles, as 
well as between critical fixed assets. Implementation of AeroMACS in 
the United States will support Data Comm by offloading large amounts of 
aircraft data from, and thus easing overcrowding in, the heavily 
congested VHF aeronautical band. This will facilitate delivery of 
critical air traffic control messages, which should enhance safety and 
reduce flight delays. Other proposed uses for AeroMACS include air 
traffic management, including air traffic control; aeronautical 
operations communications; and communications related to airport 
operations, safety, and security. In addition to the Federal 
government, AeroMACS users may include airport owners and operators, 
airline carriers, aeronautical communications network providers, and 
other entities that engage in airport communications relating to safety 
and regularity of flight. AeroMACS trials are being conducted in the 
United States and abroad.\25\
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    \25\ Some foreign airlines already use AeroMACS equipment 
onboard.
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    27. The Commission allocated the 5091-5150 MHz band for Federal and 
non-Federal AeroMACS use on a co-primary basis in 2015\26\ and it 
allocated the 5000-5030 MHz band for such use in 2017,\27\ but it has 
not yet established AeroMACS services in either band. AeroMACS 
operation in the 5010-5030 MHz segment of the 5000-5030 MHz band is 
permitted only if the operation cannot be accommodated in the 5000-5010 
MHz segment or the 5091-5150 MHz band. In addition, AeroMACS systems in 
the 5000-5030 MHz band must be designed and implemented to be capable 
of operational modification if interference is received from or caused 
to the Radionavigation-Satellite Service. The only permissible 
Aeronautical Mobile Service use of the 5091-5150 MHz band other than 
AeroMACS is aeronautical mobile telemetry for flight test purposes, 
subject to the technical parameters in ITU Resolution 418 (WRC-12) 
intended to ensure compatibility with other services. AeroMACS has 
priority over aeronautical mobile telemetry systems, but operators of 
AeroMACS and aeronautical mobile telemetry systems ``are urged to 
cooperate with each other in the exchange of information about planned 
deployments.'' This enhances the prospects for compatible sharing of 
the band at six airports with significant flight test activity, while 
other airports may be addressed on a case-by-case basis.\28\
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    \26\ The 5091-5150 MHz band is allocated on a co-primary basis 
to the Aeronautical Mobile, Aeronautical Mobile-Satellite (Route), 
Aeronautical Radionavigation, and Fixed Satellite (limited to Earth-
to-space feeder links of non-geostationary satellite systems in the 
mobile-satellite service) Services. In designating this band for 
AeroMACS use, the Commission implemented an international allocation 
made at the World Radiocommunication Conference held in 2007.
    \27\ The 5000-5030 MHz band is allocated on a co-primary basis 
to the Aeronautical Mobile (Route) (limited to AeroMACS), 
Aeronautical Mobile-Satellite (Route), Aeronautical Radionavigation, 
and Radionavigation-Satellite Services.
    \28\ The six airports are Boeing Field/King County International 
Airport in Seattle; Lambert-St. Louis International Airport; 
Charleston (South Carolina) Air Force Base/International Airport; 
Wichita Dwight D. Eisenhower National Airport; Roswell (New Mexico) 
International Air Center Airport; and William P. Gwinn Airport in 
Jupiter, Florida.
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    28. In 2017, the WiMAX Forum filed a petition for rulemaking 
seeking the adoption of AeroMACS service rules. Commenters generally 
support the promulgation of AeroMACS rules, but not all agree with the 
WiMAX Forum's suggested licensing and sharing mechanisms.\29\ In 
addition, other users of the 5091-5150 MHz band raise interference 
concerns.
---------------------------------------------------------------------------

    \29\ The Wireless Telecommunications Bureau sought comment on 
the WiMAX Forum Petition on July 19, 2017.
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    29. Licensing and eligibility. AeroMACS will be used by fixed, 
base, and mobile units on or near airport property, including aircraft, 
for airport services related to the safety and regularity of flight. 
With respect to aircraft, the Commission proposes to authorize AeroMACS 
operation under the existing aircraft station authorization, rather 
than to require a separate license. For other stations, the Commission 
proposes to authorize AeroMACS operation under a new station class code 
for AeroMACS stations. Fixed and base station transmitters will be 
licensed by geographic coordinates and mobile units licensed for an 
area of operation defined by a geographic point-radius that encompasses 
the parts of the airport property where the mobile units will operate. 
While the WiMAX Forum and some commenters suggest that AeroMACS 
operations be licensed by rule under part 95 of the Commission's rules 
without individual licensing, with users required to register in a 
centralized database similar to the Wireless Medical Telemetry Service 
and Medical Body Area Networks in the MedRadio Service, the Commission 
believes that site-based licensing under part 87 is necessary. AeroMACS 
is a safety of life service that requires strict license eligibility 
requirements and individualized coordination of each transmitter to 
ensure no interference to other AeroMACS links. The Commission and any 
other interested party must be able to quickly identify licensees in 
the band, especially in cases of interference to critical safety-
related air traffic control AeroMACS applications. The Commission seeks 
comment on these proposals and their costs and benefits, as well as 
those of any alternative licensing schemes. In particular, how do the 
administrative costs and administrative benefits of our proposed 
licensing scheme compare to those of registering in a separate 
database? How do the safety benefits compare? How should we expect that 
costs will be allocated to airport owners and operators?
    30. The Commission proposes to limit eligibility for non-aircraft 
AeroMACS licenses to airport owners and operators, and entities that 
have been granted permission by the airport owner or operator to 
transmit using AeroMACS equipment at or near the airport. This may 
include airline carriers, aeronautical communications network providers 
or other third-party network access providers, and entities that 
perform airport services and engage in communications for the purpose 
of safety and regularity of flight (such as snow removal and deicing). 
The Commission seeks comment on this proposal, and on whether to extend 
eligibility to other entities. It also seeks comment on whether to 
delineate or limit the entities to which airport owners and operators 
can grant permission, or in the alternative, whether the eligibility of 
entities other than airport owners and operators should be determined 
by the FAA during the application coordination process discussed below.
    31. Coordination and channel management. The Commission proposes to 
require applicants to coordinate with

[[Page 31548]]

the relevant FAA Regional Office prior to filing an application with 
the Commission. After the application is filed, Commission licensing 
staff would undertake further coordination with the FAA prior to 
granting the application to ensure that the FAA does not anticipate any 
problems stemming from the proposed AeroMACS operations. The Commission 
already follow these procedures with respect to other airport 
operations. It believes that coordination with FAA Regional Offices 
will expedite the licensing process. It seeks comment on these proposed 
application coordination procedures.
    32. AeroMACS spectrum will be shared between Federal and non-
Federal users. The Commission believes that the FAA is best-suited to 
evaluate Federal AeroMACS needs at each location. The FAA already plays 
a large role in overseeing aviation spectrum use at airports, and the 
Commission defers to its judgment regarding air safety matters to avoid 
conflicting requirements, consistent with its statutory obligations. 
Regarding non-Federal users, the WiMAX Forum suggests that the 
Commission designate an AeroMACS Channel Manager to manage non-Federal 
authorized AeroMACS users and to coordinate channel sharing with 
Federal users. As envisioned by the WiMAX Forum, the Commission would 
designate a single entity to assign channels to eligible non-Federal 
entities and manage the use of such channels nationwide. The Commission 
seeks comment on how AeroMACS spectrum should be coordinated among non-
Federal users, and between Federal and non-Federal users. Proponents of 
a third-party coordinator should recommend specific rules to govern the 
selection, eligibility, and responsibilities of such a coordinator.\30\ 
Commenters also should address whether the Commission should designate 
a channel manager on a nationwide or regional basis, and whether more 
than one entity should be authorized at any location. The Commission 
also seeks comment on any alternative or additional channel management 
methods that commenters believe it should consider. Commenters should 
discuss the costs and benefits of any alternatives they address.
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    \30\ The WiMAX Forum recommends a rule that provides that the 
third-party coordinator shall ``assign AeroMACS channels to eligible 
non-Federal entities and manage the use of such channels, in a 
manner that reasonably maximizes the efficient utilization of the 
spectrum at each location where AeroMACS spectrum is utilized and 
protects the spectrum from either hoarding or warehousing [and] 
shall act as a single non-Federal point of contact for spectrum 
coordination with Federal Government users and other authorized 
users of the 5000-5010 MHz, 5010-5030 MHz, and 5091-5150 MHz bands, 
including aeronautical mobile telemetry (AMT) users . . . .'' The 
WiMAX Forum's suggested rules also provide that ``the Channel 
Manager is urged to cooperate with aeronautical mobile telemetry 
(AMT) users in accordance with Table of Allocations footnote 
US444B(c).'' Commenters supporting designation of a third-party 
coordinator should also address the WiMAX Forum's recommended 
eligibility criteria for the coordinator.
---------------------------------------------------------------------------

    33. Coordination with flight test systems. As noted above, AeroMACS 
has priority over aeronautical mobile telemetry systems in the 5091-
5150 MHz band, and operators of AeroMACS and aeronautical mobile 
telemetry systems are urged to cooperate to avoid causing harmful 
interference. The Commission expects users to operate cooperatively at 
the six specified airports with significant flight test activity and at 
any other locations where circumstances warrant coordination. It seeks 
comment on how to implement this sharing arrangement, and its costs and 
benefits. In particular, given the power flux density requirements 
contained in Resolution 418, and the safety of life nature of AeroMACS, 
it seeks comment as to whether technical parameters for aeronautical 
mobile telemetry should be incorporated in the Commission's part 87 
rules to further facilitate compatible operation.
    34. The Aerospace and Flight Test Radio Coordinating Council, Inc. 
claims that there is increased spectrum demand for flight testing due 
to the increased use of digital video to obtain important flight test 
data and to the loss of other spectrum for flight test systems. The 
record indicates that the flight test community has discussed with the 
WiMAX Forum and the FAA how to maximize use of the 5091-5150 MHz band 
without causing harmful interference to AeroMACS. The Commission is 
encouraged that the parties have initiated discussions to develop 
coordination criteria between flight test and AeroMACS users. The 
Commission believes that these discussions should proceed in parallel 
with this rulemaking, and it welcomes recommendations developed by the 
parties. The Commission asks commenters to address whether these 
discussions should impact the AeroMACS service and technical rules, 
e.g., if the parties do not timely agree to sharing criteria, to defer 
AeroMACS implementation at the six specified airports and any other 
locations that present similar sharing issues.
    35. Coordination with satellite systems. Globalstar holds licenses 
for feeder links between its gateway earth stations and space stations 
in the 5096-5250 MHz band, which overlaps AeroMACS operations in the 
5091-5150 MHz band.\31\ It alleges that, if the Commission does not 
adopt appropriate technical rules in this proceeding, widespread 
AeroMACS operations could result in aggregate interference to 
Globalstar. This could reduce the capacity of its mobile satellite 
service network, diminish the quality of its services, and cause 
unacceptable harm to first responders, public safety personnel, 
consumers, and other customers. As a basis for its concern, Globalstar 
cites ITU Recommendation ITU-R M.1827-1, which includes criteria for 
limiting aggregate interference in order to protect fixed-satellite 
service feeder links from aeronautical mobile (route) service surface 
applications at airports in the 5091-5150 MHz band. The Commission 
notes that AeroMACS must operate in accordance with ITU Resolution 748 
(Rev. WRC-12), which incorporates ITU-R M.1827-1. Consequently, it 
believes that AeroMACS operations in this band already are required to 
comply with Recommendation ITU-R M.1827-1. It observes that proposed 
section 87.604 includes individual base station power limits, and it 
seeks comment on whether these limits can be expected under typical 
deployment scenarios to limit aggregate interference sufficiently. The 
Commission also seeks comment on what, if any, additional references or 
technical rules are needed to protect Globalstar operations.
---------------------------------------------------------------------------

    \31\ Globalstar operates a mobile satellite service system in 
the 1610-1618.725 MHz and 2483.5-2500 MHz bands.
---------------------------------------------------------------------------

    36. Technical rules. The technical standards for AeroMACS have been 
approved worldwide by numerous technical standards bodies, based on 
Institute of Electrical and Electronics Engineers Standard 802.16-
2009.\32\ Similar standards and requirements have been adopted by the 
Radio Technical Commission for Aeronautics, the International Civil 
Aviation Organization, and the European Organization for Civil Aviation 
Equipment. As suggested by the WiMAX Forum, the Commission proposes 
technical rules that are based on the requirements currently 
incorporated in the International Civil Aviation Organization Standards 
and Recommended Practices and in the Radio Technical Commission for 
Aeronautics Minimum Operational Performance Standards. The Commission 
asks whether any additional or alternative technical rules

[[Page 31549]]

are needed to ensure the compatibility, interoperability, or efficient 
operation of AeroMACS users. It also invites comment on how best to 
ensure that its AeroMACS rules are technology-neutral and flexible. 
Commenters should address specific aspects of the proposed rules, such 
as the channel plan, transmitter power levels, and emission mask. 
Finally, the Commission seeks comment on whether, in lieu of setting 
forth technical criteria in our rules, it should incorporate by 
reference the relevant international standards. Commenters favoring 
this option should identify all standards that should be incorporated 
and address any practical or legal issues associated with such 
incorporation by reference.
---------------------------------------------------------------------------

    \32\ We see no need to require compliance with the IEEE 
standard, which applies generally to WiMAX operations, in addition 
to the aviation-specific standards that are based on it.
---------------------------------------------------------------------------

    37. Vehicle Squitters. In 2013, at the request of the National 
Telecommunications and Information Administration, the Commission 
authorized use of the frequency 1090 MHz by aeronautical utility mobile 
stations used for airport surface detection, known as vehicle 
squitters.\33\ Vehicle squitters help reduce collisions between 
aircraft and airport ground vehicles such as snow plows and maintenance 
vehicles by enabling air traffic control to monitor vehicle movement. 
Consistent with a request from the Airports Council International-North 
America,\34\ the Commission proposes two changes to the vehicle 
squitter rules described below to increase operational flexibility. It 
invites comment on these proposed rule changes and their costs and 
benefits. In particular, it seeks comment from airport owners and 
operators, which are the only authorized vehicle squitter licensees.
---------------------------------------------------------------------------

    \33\ The term ``squitter'' refers to random output pulses from a 
transponder caused by ambient noise or by an intentional random 
triggering system, but not by the interrogation pulses.
    \34\ The ACI-NA Petition was placed on public notice on March 
28, 2019. No comments were received.
---------------------------------------------------------------------------

    38. Section 87.345 of the rules states that aeronautical utility 
mobile stations ``provide communications for vehicles operating on an 
airport movement area,'' which it defines as ``the runways, taxiways 
and other areas utilized for taxiing, takeoff and landing of aircraft, 
exclusive of loading ramp and parking areas.'' \35\ In response to an 
FAA request, the Division in 2015 clarified that vehicle squitters may 
power up outside the airport movement area to facilitate their 
acquisition of position data before entering the airport movement area, 
because such operation is ancillary to the authorized operation in the 
airport movement area. The Commission proposes to amend the rule to 
codify the Division's clarification that power-up of vehicle squitters 
outside the airport movement area is permissible. The Commission 
believes that this codification would remove any residual uncertainty 
that vehicle squitters may power up in this manner, and would thus 
facilitate a practice that may enhance airport safety by allowing air 
traffic control detection of a vehicle squitter immediately upon its 
entry into the airport movement area.
---------------------------------------------------------------------------

    \35\ Vehicle squitter communications are limited to the airport 
movement area to prevent use of the system for purposes other than 
vehicle and aircraft safety (such as tracking baggage carts).
---------------------------------------------------------------------------

    39. The Commission also proposes to clarify that vehicle squitter 
use of frequency 978 MHz as well as 1090 MHz is authorized. The 
frequency 978 MHz is designated for transmissions using UAT datalink 
technology. UAT transmissions are authorized for all aeronautical 
utility mobile stations. The Commission initially discussed the use of 
only frequency 1090 MHz for vehicle squitter operation because that 
frequency was used for existing airport surface detection equipment 
operations to manage the movement of aircraft on airport surfaces. 
Operation of vehicle squitters on 978 MHz can enhance operational 
flexibility for airport managers without increasing the risk that 
vehicle squitters would cause interference to other airport 
communications, thereby enhancing the safety of passengers and airport 
workers. The Commission also proposes to permit operation of vehicle 
squitters on 978 MHz over a broader portion of the airport than just 
the airport movement area (plus ancillary operation for powering up and 
down). The Commission seeks comment on whether any additional rule 
changes are required to clarify that vehicle squitters are authorized 
to transmit on 978 MHz.
    40. Emergency Locator Transmitter Test Station Frequencies. 
Emergency locator transmitters are radio beacons that are carried on 
board aircraft and triggered in the event of a crash or other unplanned 
downing. Emergency locator transmitter test stations are used for 
testing related to the manufacture or design of emergency locator 
transmitters, and for training operations with respect to the operation 
and location of emergency locator transmitters. Section 87.475(d) of 
the Commission's rules makes frequencies 121.600, 121.650, 121.700, 
121.750, 121.800, 121.850, and 121.900 MHz available for emergency 
locator transmitter test stations.\36\ This list dates from when 
emergency locator transmitters were first authorized in 1973. More 
recent FAA guidance, however, authorizes emergency locator transmitter 
test stations to operate on frequency 121.775 MHz. The Commission 
proposes to amend section 87.475(d) by adding frequency 121.775 MHz to 
the list of frequencies available for emergency locator transmitter 
test stations to align its rules with FAA guidance and facilitate 
emergency locator transmitter testing. The Commission seeks comment on 
this proposal.
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    \36\ Licensees must ``[n]ot cause harmful interference to voice 
communications on these frequencies or any harmonically related 
frequency,'' and must ``[c]oordinate with the appropriate FAA 
Regional Spectrum Management Office prior to the activation of each 
transmitter.''
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    41. Procedural Matters. Initial Regulatory Flexibility Analysis. 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 a substantial number of 
small entities by the policies and rules proposed in the Notice of 
Proposed Rulemaking. 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 provided in this NPRM. The 
Commission will send a copy of the NPRM, including this IRFA, to the 
Chief Counsel for Advocacy of the Small Business Administration (SBA). 
In addition, the NPRM and IRFA (or summaries thereof) will be published 
in the Federal Register.
    42. In the NPRM, the Commission seeks comment on rule amendments 
that are intended to enhance aviation safety, accommodate new aviation 
radio services and technologies, and promote the efficient use of 
aviation radio spectrum. It proposes to allocate spectrum and establish 
service rules for an Enhanced Flight Vision System (EFVS) to improve 
pilots' ability to detect and avoid objects in degraded visual 
environments. The Commission invites comment on whether it should amend 
its part 87 rules to mandate that aeronautical mobile (route) service 
systems operating in the 108-117.975 and 960-1164 MHz bands meet FM 
broadcasting immunity requirements and other requirements adopted by 
the International Telecommunication Union (ITU), and proposes to 
authorize use of the frequency 1090 MHz for Automated Dependent 
Surveillance--Broadcast (ADS-B) service. It further proposes to clarify 
certain rules regarding license eligibility and assignable frequencies 
for aeronautical advisory (unicom) stations. In addition, it proposes 
to establish service rules for non-Federal use of the

[[Page 31550]]

Aeronautical Mobile Airport Communications System (AeroMACS), a 
globally standardized broadband network for use at airports by the 
aviation industry in the 5000-5030 MHz and 5091-5150 MHz bands. The 
Commission proposes to permit use of the 136.000-136.4875 MHz band for 
aeronautical operational control communications as well as the already-
permitted air traffic control communications as an accommodation for 
NextGen data transmissions. It further proposes to establish service 
rules for new obstacle avoidance technologies. It proposes to adopt 
rules allowing more flexible use of vehicle squitters, which are 
aeronautical utility mobile stations designed to reduce accidents on 
airport runways and other airport movement areas. Finally, the 
Commission proposes to add 121.775 MHz to the list of frequencies 
available for testing of Emergency Locator Transmitters (ELTs).
    43. 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 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.\37\ 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).
---------------------------------------------------------------------------

    \37\ Pursuant to the RFA, the statutory definition of a small 
business applies ``unless an agency, after consultation with the 
Office of Advocacy of the Small Business Administration 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.''
---------------------------------------------------------------------------

    44. Small Businesses, Small Organizations, Small Governmental 
Jurisdictions. The Commission's actions, over time, may affect small 
entities that are not easily categorized at present. It therefore 
describes here, at the outset, three broad groups of small entities 
that could be directly affected herein. First, while there are industry 
specific size standards for small businesses that are used in the 
regulatory flexibility analysis, according to data from the SBA's 
Office of Advocacy, in general a small business is an independent 
business having fewer than 500 employees. These types of small 
businesses represent 99.9% of all businesses in the United States which 
translates to 28.8 million businesses.
    45. Next, the type of small entity described as a ``small 
organization'' is generally ``any not-for-profit enterprise which is 
independently owned and operated and is not dominant in its field.'' 
Nationwide, as of August 2016, there were approximately 356,494 small 
organizations based on registration and tax data filed by nonprofits 
with the Internal Revenue Service (IRS).\38\
---------------------------------------------------------------------------

    \38\ Data from the Urban Institute, National Center for 
Charitable Statistics (NCCS) reporting on nonprofit organizations 
registered with the IRS was used to estimate the number of small 
organizations. Reports generated using the NCCS online database 
indicated that as of August 2016 there were 356,494 registered 
nonprofits with total revenues of less than $100,000. Of this 
number, 326,897 entities filed tax returns with 65,113 registered 
nonprofits reporting total revenues of $50,000 or less on the IRS 
Form 990-N for Small Exempt Organizations and 261,784 nonprofits 
reporting total revenues of $100,000 or less on some other version 
of the IRS Form 990 within 24 months of the August 2016 data release 
date.
---------------------------------------------------------------------------

    46. Finally, the small entity described as a ``small governmental 
jurisdiction'' is defined generally as ``governments of cities, 
counties, towns, townships, villages, school districts, or special 
districts, with a population of less than fifty thousand.'' U.S. Census 
Bureau data from the 2012 Census of Governments \39\ indicate that 
there were 90,056 local governmental jurisdictions consisting of 
general purpose governments and special purpose governments in the 
United States.\40\ Of this number there were 37,132 General purpose 
governments (county, municipal and town or township \41\) with 
populations of less than 50,000 and 12,184 Special purpose governments 
(independent school districts \42\ and special districts \43\) with 
populations of less than 50,000. The 2012 U.S. Census Bureau data for 
most types of governments in the local government category show that 
the majority of these governments have populations of less than 
50,000.\44\ Based on this data we estimate that at least 49,316 local 
government jurisdictions fall in the category of ``small governmental 
jurisdictions.''
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    \39\ The Census of Government is conducted every five (5) years 
compiling data for years ending with ``2'' and ``7''.
    \40\ Local governmental jurisdictions are classified in two 
categories--General purpose governments (county, municipal and town 
or township) and Special purpose governments (special districts and 
independent school districts).
    \41\ There were 18,811 municipal and 16,207 town and township 
governments with populations less than 50,000.
    \42\ There were 12,184 independent school districts with 
enrollment populations less than 50,000.
    \43\ The U.S. Census Bureau data did not provide a population 
breakout for special district governments.
    \44\ While U.S. Census Bureau data did not provide a population 
breakout for special district governments, if the population of less 
than 50,000 for this category of local government is consistent with 
the other types of local governments the majority of the 38,266 
special district governments have populations of less than 50,000.
---------------------------------------------------------------------------

    47. Air Traffic Control. This industry comprises establishments 
primarily engaged in providing air traffic control services to regulate 
the flow of air traffic. The SBA has developed a small business size 
standard for the Air Traffic Control industry which consists of all 
such firms with annual receipts of $32.5 million or less. For this 
category, U.S. Census Bureau data for 2012 shows that there were 8 
firms that operated for the entire year. Of those firms, a total of 5 
firms had annual receipts less than $25 million and 3 firms had annual 
receipts of $50 million or more. Based on this data, the Commission 
estimates the majority of firms in this industry can be considered 
small.
    48. Aviation and Marine Radio Services. Small businesses in the 
aviation and marine radio services use a very high frequency (VHF) 
marine or aircraft radio, and, as appropriate, a type of emergency 
position indicating radio beacon (EPIRB) and/or radar, 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. The closest applicable SBA size standard is for 
``Wireless Telecommunications Carriers (except Satellite),'' which is 
an entity employing 1,500 or fewer employees. U.S. Census Bureau data 
for 2012 shows that there were 967 firms in that category that operated 
for the entire year. Of those 967,955 had fewer than 1,000 employees, 
and 12 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. Most applicants for recreational licenses are 
individuals. Approximately 581,000 ship station licensees and 131,000 
aircraft station licensees operate domestically and are not subject to 
the radio carriage requirements of any statute or treaty. For purposes 
of the Commission's evaluations in this analysis, it estimates that 
there are up to approximately 712,000 licensees that are small 
businesses (or individuals) under the SBA standard.
    49. Aviation Radio Equipment Manufacturers. Neither the Commission 
nor the SBA has adopted a size standard for small businesses specific 
to aviation radio equipment manufacturers. The closest applicable SBA 
size standard is

[[Page 31551]]

for Radio and Television Broadcasting and Wireless Communications 
Equipment Manufacturing, which is an entity employing 1,250 or fewer 
employees. U.S. Census Bureau data for 2012 show that there were a 
total of 841 establishments in this category that operated that year. 
Of this total, 828 had fewer than 1,000 employees and 13 had 1,000 or 
more employees. Thus, under this size standard, the majority of firms 
in this industry can be considered small.
    50. Other Airport Operations. This industry comprises 
establishments primarily engaged in (1) operating international, 
national, or civil airports, or public flying fields or (2) supporting 
airport operations, such as rental of hangar space, and providing 
baggage handling and/or cargo handling services. The SBA has developed 
a small business size standard for the ``Other Airport Operations'' 
which consists of all such firms with annual receipts of $32.5 million 
or less. For this category, U.S. Census Bureau data for 2012 show that 
there were 1,096 firms that operated for the entire year. Of those 
firms, a total of 1,052 had annual receipts less than $25 million and 
18 firms had annual receipts of $25 million to $49,999,999. Thus, the 
Commission estimates that the majority of firms in this industry can be 
considered small.
    51. Search, Detection, Navigation, Guidance, Aeronautical, and 
Nautical System and Instrument Manufacturing. This U.S. industry 
comprises establishments primarily engaged in manufacturing search, 
detection, navigation, guidance, aeronautical, and nautical systems and 
instruments. Examples of products made by these establishments are 
aircraft instruments (except engine), flight recorders, navigational 
instruments and systems, radar systems and equipment, and sonar systems 
and equipment. The SBA has established a size standard for this 
industry of 1,250 or fewer employees. U.S. Census Bureau data for 2012 
show that 588 establishments operated in this industry in that year. Of 
that number, 557 establishments operated with fewer than 1,000 
employees, 21 establishments operated with between 1,000 and 2,499 
employees and 10 establishments operated with 2,500 or more employees. 
Based on this data, the Commission concludes that a majority of 
manufacturers in this industry are small.
    52. Satellite Telecommunications. This category comprises firms 
``primarily engaged in providing 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.'' Satellite 
telecommunications service providers include satellite and earth 
station operators. The category has a small business size standard of 
$32.5 million or less in average annual receipts, under SBA rules. For 
this category, U.S. Census Bureau data for 2012 show that there were a 
total of 333 firms that operated for the entire year. Of this total, 
299 firms had annual receipts of less than $25 million. Consequently, 
the Commission estimates that the majority of satellite 
telecommunications providers are small entities.
    53. The Commission expects the proposals in the NPRM will impose 
new or additional reporting or recordkeeping and/or other compliance 
obligations on small entities For the most part, however, the proposed 
rules will give the aviation community the opportunity to use new 
technologies that benefit aviation safety, such as AeroMACS, EFVS radar 
sensors, and the AVWS and ADLS obstruction avoidance technologies; 
modernize the rules to accommodate advancements in avionics, such as 
NextGen Data Comm equipment; and enhance user flexibility by easing 
restrictions on the use of spectrum in the 136.0-136.475 MHz band, 
allowing the power-up of vehicle squitters before they enter the 
airport movement area, and making an additional frequency available for 
ELT testing.
    54. The proposed rule requiring AeroMACS base stations to be 
individually licensed, rather than licensed by rule, coupled with the 
proposal to require license applicants to coordinate with the FAA and 
perhaps others before filing a license application with the Commission, 
could impose a burden on small entities and impact their costs of 
compliance due to the need to complete FCC Form 605 and pay any 
attendant filing fees. The Commission believes, however, that the 
benefits of an individual licensing requirement, chiefly assurance that 
the Commission can effectively maintain regulatory oversight over 
AeroMACS operations in the interest of airport safety, outweigh any 
such burdens. In the NPRM, the Commission seeks comment on this 
tentative determination and on the proposed new service rules for 
AeroMACS. It also seeks comment on whether its proposed eligibility 
rules for AeroMACS licensing would have an adverse impact. The proposed 
rule would confine AeroMACs eligibility to airport owners and 
operators, airline carriers, aircraft plots, ramp operators, 
aeronautical communications network providers, emergency service, snow 
removal, and deicing entities and other entities that engage in airport 
communications relating to safety and regularity of flight.
    55. The Commission's proposed rule to authorize EFVS operations in 
the 92-95.5 GHz frequency range, which will increase airport approach 
and arrival access, should not impose any burdens on EFVS users. The 
Commission seeks comment, however, on its proposals associated with 
allowing EFVS operations in the 92-95.5 GHz band, such as whether there 
are any existing operations in the 90 GHz band that might be adversely 
affected by EFVS operations, either through harmful interference or for 
other reasons; the costs and benefits associated with such proposals; 
and whether any other rule changes are necessary.
    56. The Commission has also invited comment on whether it should 
adopt rules in part 87 to require that aeronautical mobile (route) 
service systems in the 108-117.975 MHz and 960-1164 MHz bands meet FM 
broadcasting immunity requirements and other standards adopted by the 
Convention on International Civil Aviation. It further sought comment 
on whether codification in part 87 is necessary or warranted given that 
affected entities should already be subject to such requirements 
because the requirements are imposed by existing international 
agreements and/or are codified as notes in the Commission's part 2 
Table of Frequency Allocations. Relatedly, the Commission sought 
comment on a proposal to establish rules for the use of the frequency 
1090 MHz for Automatic Dependent Surveillance--Broadcast (ADS-B) 
service, but also sought comment on whether such rules are necessary 
given that the part 87 rules already permit airborne electronic aids to 
air navigation such as ADS-B for aircraft in the 960-1215 MHz band
    57. At this time, the Commission is not currently in a position to 
determine whether its proposals, if adopted, will require small 
entities to hire attorneys, engineers, consultants, or other 
professionals and cannot quantify the cost of compliance with the 
potential rule changes discussed herein. The Commission does not 
believe however, that the costs and/or administrative burdens 
associated with any of the proposed rule changes will unduly burden 
small entities. In the discussions of its proposals in the NPRM, the 
Commission has sought comments from the parties in the proceeding, 
including cost and benefit analyses, which may

[[Page 31552]]

help the Commission identify and evaluate other relevant matters, 
including any compliance costs and burdens on small entities that may 
result from the proposed rules.
    58. The RFA requires an agency to describe any significant, 
specifically small business, alternatives that it has considered in 
reaching its proposed approach, which may include the following four 
alternatives, among others: (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.
    59. In this proceeding the Commission seeks to update its part 87 
Aviation Radio Service rules to improve aviation safety, increase 
efficiency, and reflect advances in avionics technology. The proposed 
rules will give small entities and others in the aviation community the 
use of new and safer technologies, and will remove certain restrictions 
and requirements providing more operational flexibility. The removal of 
these restrictions and requirements will benefit small entities by 
reducing their administrative costs to comply with the Commission's 
part 87 rules. The Commission also seeks to create consistency and 
harmony with relevant Federal Aviation Administration (FAA) 
requirements and international standards and requirements, and has 
sought comments on steps taken to meet this objective. For example, 
with regard to Aircraft Detection Lighting Systems, the FAA's 2015 
Advisory Circular contains performance standards that are not addressed 
in the Commission's rules and potentially conflicts with the 
Commission's rules. To address this matter, the Commission proposes to 
amend its rules to reflect FAA terminology and remove the provisions 
that conflict with the FAA's Advisory Circular, and seeks comment on 
this proposal.
    60. The Commission believes that applying the proposed part 87 
rules equally to all entities is necessary to carry out its objectives 
to improve spectrum efficiency and protect the safety of life and 
property in air navigation. However, to assist the Commission's 
evaluation of the economic impact on small entities as a result of 
actions that have been proposed in the NPRM, and to better explore 
options and alternatives, the Commission has sought comment on its 
proposals from the parties. The Commission expects to more fully 
consider and evaluate the economic impact and alternatives for small 
entities following the review of comments filed in response to the NPRM 
before it adopts final rules.
    61. Federal rules that may duplicate, overlap, or conflict with the 
proposed rules: None.
    62. Paperwork Reduction Analysis. This NPRM contains proposed new 
and modified information collection requirements. The Commission, as 
part of its continuing effort to reduce paperwork burdens, invites the 
general public and the Office of Management and Budget (OMB) to comment 
on the information collection requirements contained in this document, 
as required by the Paperwork Reduction Act of 1995, Public Law 104-13. 
In addition, pursuant to the Small Business Paperwork Relief Act of 
2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4), the Commission 
seeks specific comment on how it might further reduce the information 
collection burden for small business concerns with fewer than 25 
employees.
    63. Ex Parte Presentations. The proceeding this NPRM initiates 
shall be treated as a ``permit-but-disclose'' proceeding in accordance 
with the Commission's ex parte rules. Persons making ex parte 
presentations must file a copy of any written presentation or a 
memorandum summarizing any oral presentation within two business days 
after the presentation (unless a different deadline applicable to the 
Sunshine period applies). Persons making oral ex parte presentations 
are reminded that memoranda summarizing the presentation must (1) list 
all persons attending or otherwise participating in the meeting at 
which the ex parte presentation was made, and (2) summarize all data 
presented and arguments made during the presentation. If the 
presentation consisted in whole or in part of the presentation of data 
or arguments already reflected in the presenter's written comments, 
memoranda or other filings in the proceeding, the presenter may provide 
citations to such data or arguments in his or her prior comments, 
memoranda, or other filings (specifying the relevant page and/or 
paragraph numbers where such data or arguments can be found) in lieu of 
summarizing them in the memorandum. Documents shown or given to 
Commission staff during ex parte meetings are deemed to be written ex 
parte presentations and must be filed consistent with rule 1.1206(b). 
In proceedings governed by rule 1.49(f) or for which the Commission has 
made available a method of electronic filing, written ex parte 
presentations and memoranda summarizing oral ex parte presentations, 
and all attachments thereto, must be filed through the electronic 
comment filing system available for that proceeding, and must be filed 
in their native format (e.g., .doc, .xml, .ppt, searchable .pdf). 
Participants in this proceeding should familiarize themselves with the 
Commission's ex parte rules.
    64. Filing Procedures. 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 and reply comments on or before the dates indicated on 
the first page of this document. Comments may be filed using the 
Commission's Electronic Comment Filing System (ECFS).
     Electronic Filers: Comments may be filed electronically 
using the internet by accessing the ECFS: http://apps.fcc.gov/ecfs/.
     Paper Filers: Parties who choose to file by paper must 
file an original and one copy of each filing. If more than one active 
docket or rulemaking number appears in the caption of this proceeding, 
filers must submit two additional copies for each additional docket or 
rulemaking number.
    Filings can be sent by hand or messenger delivery, by commercial 
overnight courier, or by first-class or overnight U.S. Postal Service 
mail. All filings must be addressed to the Commission's Secretary, 
Office of the Secretary, Federal Communications Commission.
     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, Washington, DC 20554. The filing hours 
are 8:00 a.m. to 7:00 p.m. All hand deliveries must be held together 
with rubber bands or fasteners. Any envelopes and boxes must be 
disposed of before entering the building.
    Commercial overnight mail (other than U.S. Postal Service Express 
Mail and Priority Mail) must be sent to 9050 Junction Drive, Annapolis 
Junction, MD 20701.
     U.S. Postal Service first-class, Express, and Priority 
mail must be addressed to 445 12th Street SW, Washington, DC 20554.
    65. People with Disabilities: To request materials in accessible 
formats for people with disabilities (braille, large print, electronic 
files, audio format), send an email to [email protected]

[[Page 31553]]

or call the Consumer & Governmental Affairs Bureau at 202-418-0530 
(voice), 202-418-0432 (tty).
    66. Comments, reply comments, and ex parte submissions will be 
available for public inspection during regular business hours in the 
FCC Reference Center, Federal Communications Commission, 445 12th 
Street SW, Room CY-A257, Washington, DC. These documents will also be 
available via ECFS. Documents will be available electronically in 
ASCII, Microsoft Word, and/or Adobe Acrobat.
    67. For further information, contact Mr. Jeff Tobias, Mobility 
Division, Wireless Telecommunications Bureau, (202) 418-1617 or TTY 
(202) 418-7233; or via email at [email protected].
    68. Ordering Clauses. Accordingly, it is ordered, pursuant to 
sections 4(i), 301, 303(r), 307, 308, 309, and 332(a)(2) of the 
Communications Act of 1934, 47 U.S.C. 154(i), 301, 303(r), 308, 307, 
309, 332(a)(2), that this Notice of Proposed Rulemaking is hereby 
adopted.
    69. It is further ordered that the petition for rulemaking filed by 
the WiMAX Forum on March 31, 2017, RM-11793, the petition for 
rulemaking filed by Sierra Nevada Corporation on February 16, 2018, RM-
11799, the petition for rulemaking filed by Aviation Spectrum 
Resources, Inc. on October 16, 2018, RM-11818, and the petition for 
rulemaking filed by the Airports Council International-North America on 
January 30, 2019, RM-11832, are granted to the extent set forth herein 
and otherwise denied. RM-11793, RM-11799, RM-11818, and RM-11832 shall 
be closed and the records thereof consolidated into the above-captioned 
docket.
    70. It is further ordered that the Commission's Consumer and 
Governmental Affairs Bureau, Reference Information Center, shall send a 
copy of this Notice of Proposed Rulemaking, including the Initial 
Regulatory Flexibility Analysis, to the Chief Counsel for Advocacy of 
the Small Business Administration.

List of Subjects

47 CFR Part 2

    Communications equipment, Reporting and recordkeeping requirements.

47 CFR Part 87

    Air transportation, Communications equipment, Radio.

Federal Communications Commission.
Cecilia Sigmund,
Federal Register Liaison Officer, Office of the 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

0
1. The authority citation for part 2 continues to read as follows:

    Authority: 47 U.S.C. 154, 302a, 303, and 336, unless otherwise 
noted.

0
2. Section 2.106, the Table of Frequency Allocations, is amended by 
revising page 63 to read as follows:


Sec.  2.106  Table of Frequency Allocations.

* * * * *
BILLING CODE 6712-01-P

[[Page 31554]]

[GRAPHIC] [TIFF OMITTED] TP02JY19.000


[[Page 31555]]


BILLING CODE 6712-01-C
* * * * *

PART 87--AVIATION SERVICES

0
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.

0
4. Section 87.5 is amended by adding in alphabetical sequence 
definitions of ``AeroMACS,'' ``Aircraft Detection Lighting System,'' 
``Enhanced Flight Vision System,'' and ``1090 Extended Squitter 
(1090ES)'' to read as follows:


Sec.  87.5  Definitions.

    AeroMACS. The Aeronautical Mobile Airport Communications System 
utilizing the 5000-5010 MHz, 5010-5030 MHz, and 5091-5150 MHz bands for 
high capacity wireless safety and regularity of flight communications 
(mobile and fixed) supporting airport surface applications.
* * * * *
    Aircraft Detection Lighting System. An Aircraft Detection Lighting 
System (ADLS) is a sensor-based system designed to detect aircraft as 
they approach an obstruction or group of obstructions; these systems 
automatically activate the appropriate obstruction lights until they 
are no longer needed by the aircraft. ADLS may include an optional 
voice/audio feature that transmits a low-power, audible warning message 
to provide pilots additional information on the obstruction they are 
approaching. The ADLS operations are limited to locations where natural 
and man-made obstructions exist.
* * * * *
    Enhanced Flight Vision System. Enhanced flight vision system (EFVS) 
means an installed aircraft system which uses an electronic means to 
provide a display of the forward external scene topography (the natural 
or manmade features of a place or region especially in a way to show 
their relative positions and elevation) through the use of imaging 
sensors, including but not limited to forward-looking infrared, 
millimeter wave radiometry, millimeter wave radar, or low-light level 
image intensification. An EFVS includes the display element, sensors, 
computers and power supplies, indications, and controls.
* * * * *
    1090 Extended Squitter (1090ES). A radio datalink system authorized 
to operate on the frequency 1090 MHz to support Automatic Dependent 
Surveillance-Broadcast (ADS-B) Service and Traffic Information 
Services-Broadcast (TIS-B).
* * * * *
0
5. Section 87.107 is amended by revising paragraph (d) to read as 
follows:


Sec.  87.107  Station identification.

* * * * *
    (d) Exempted station. The following types of stations are exempted 
from the use of a call sign: Airborne weather radar, radio altimeter, 
air traffic control transponder, distance measuring equipment, 
collision avoidance equipment, racon, radio relay radio-navigation land 
test station (MTF), automatically controlled aeronautical enroute 
stations, and enhanced flight vision systems.
0
6. Section 87.131 is amended by adding entries for ``ADS-B UAT'' and 
``ADS-B'' at the beginning of the table to read as follows:


Sec.  87.131   Power and emissions.

----------------------------------------------------------------------------------------------------------------
                                          Frequency band/     Authorized emission(s)
            Class of station              frequency ( MHz)             \9\                 Maximum power \1\
----------------------------------------------------------------------------------------------------------------
ADS-B UAT..............................                978  F1D......................  Various.\11\
ADS-B..................................               1090  M1D......................  Various.\11\
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\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.
 * * * * * * *
\11\ Maximum power will be determined by appropriate standards during the certification process.
 * * * * * * *

0
7. Section 87.133 is amended by adding paragraph (h) to read as 
follows:


Sec.  87.133  Frequency stability.

* * * * *
    (h) For ADS-B Universal Access Transmitters operating on the 
frequency 978 MHz, the frequency stability is 20 parts per million. For 
ADS-B transmitters operating on 1090 MHz, the frequency stability is 
 1 MHz.
0
8. Section 87.147 is amended:
0
a. By revising the introductory text of paragraph (d); and
0
b. In paragraph (d)(3) by adding an entry for ``92 GHz to 95.5 GHz'' at 
the end of the list of frequency bands.
    The revision and addition read as follows:


Sec.  87.147  Authorization of equipment.

* * * * *
    (d) An application for certification of equipment intended for 
transmission in any of the frequency bands listed in paragraph (d)(3) 
of this section must notify the FAA of the filing of a certification 
application. The letter of notification must be mailed to: Federal 
Aviation Administration, Orville Wright Building, Spectrum Engineering 
Services Group, AJW-1C, 800 Independence Ave. SW, Washington, DC 20591 
prior to the filing of the application with the Commission.
* * * * *
    (3) * * *
    92 GHz to 95.5 GHz
* * * * *


Sec.  87.171  [Amended]

0
9. Section 87.171 is amended:
0
a. By removing from the list of Symbol and class of station the entry 
for ``AVW--Audio visual warning systems''; and
0
b. By adding at the beginning of the list entries for ``ADL--Aircraft 
Detection Lighting Systems'' and ``AMC--AeroMACS.''
    The revision and addition read as follows:


Sec.  87.171  Class of station symbols.

Symbol and Class of Station

AX--Aeronautical fixed
ADL--Aircraft Detection Lighting Systems
AMC--AeroMACS

[[Page 31556]]

AXO--Aeronautical operational fixed
* * * * *
0
10. In Sec.  87.173, amend the table in paragraph (b) by:
0
a. Revising the entries for 121.600-121.925 MHz, 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, and 123.500 MHz, 136.000-136.400 MHz, 136.425 MHz, 136.450 
MHz, 136.475 MHz, 978.000 MHz, 1090.000 MHz; and
0
b. Adding an entry for 92000-95500 MHz in numerical order.
    The revisions and additions read as follows:


Sec.  87.173  Frequencies.

* * * * *

----------------------------------------------------------------------------------------------------------------
     Frequency or frequency band               Subpart              Class of station             Remarks
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
121.600-121.925 MHz                    O, L, Q                  MA, FAC, MOU, MRT, RLT,  25 kHz channel spacing.
                                                                 GCO, RCO, RPC.
122.700 MHz                            G, L, Q                  MA, FAU, MOU, ADL        Unicom at airports with
                                                                                          no control tower;
                                                                                          Aeronautical utility
                                                                                          stations.
122.725 MHz                            G, L, Q                  MA, FAU, MOU, ADL        Unicom at airports with
                                                                                          no control tower;
                                                                                          Aeronautical utility
                                                                                          stations.
122.750 MHz                            F, Q                     MA2, ADL                 Private fixed wing
                                                                                          aircraft air-to-air
                                                                                          communications.
 
                                                  * * * * * * *
122.800 MHz                            G, L, Q                  MA, FAU, MOU, ADL        Unicom at airports with
                                                                                          no control tower;
                                                                                          Aeronautical utility
                                                                                          stations.
 
                                                  * * * * * * *
122.850 MHz                            H, K, Q                  MA, FAM, FAS, ADL        .......................
 
                                                  * * * * * * *
122.900 MHz                            F, H, L, M, Q            MA, FAR, FAM, MOU, ADL.  .......................
 
                                                  * * * * * * *
122.950 MHz                            G, L, Q                  MA, FAU, MOU, ADL        Unicom at airports with
                                                                                          control tower;
                                                                                          Aeronautical utility
                                                                                          stations.
122.975 MHz                            G, L, Q                  MA, FAU, MOU, ADL        Unicom at airports with
                                                                                          no control tower;
                                                                                          Aeronautical utility
                                                                                          stations.
123.000 MHz                            G, L, Q                  MA, FAU, MOU, ADL        Unicom at airports with
                                                                                          no control tower;
                                                                                          Aeronautical utility
                                                                                          stations.
123.025 MHz                            F, Q                     MA2, ADL                 Helicopter air-to-air
                                                                                          communications; Air
                                                                                          traffic control
                                                                                          operations.
123.050 MHz                            G, L, Q                  MA, FAU, MOU, ADL        Unicom at airports with
                                                                                          no control tower;
                                                                                          Aeronautical utility
                                                                                          stations.
123.075 MHz                            G, L, Q                  MA, FAU, MOU, ADL        Unicom at airports with
                                                                                          no control tower;
                                                                                          Aeronautical utility
                                                                                          stations.
 
                                                  * * * * * * *
123.300 MHz                            K, Q                     MA, FAS, ADL             .......................
 
                                                  * * * * * * *
123.500 MHz                            K, Q                     MA, FAS, ADL             .......................
 
                                                  * * * * * * *
136.000-136.475 MHz                    I, O, S                  MA, FAC, FAE, FAW, GCO,  Air traffic control
                                                                 RCO, RPC.                operations;
                                                                                          aeronautical
                                                                                          operational
                                                                                          communications; 25 kHz
                                                                                          channel spacing.
 
                                                  * * * * * * *
978.000 MHz                            F, L, Q                  MA, MOU, UAT             Universal Access
                                       UAT....................  RLT....................   Transceivers.
                                       Q......................
 
                                                  * * * * * * *
1090 MHz                               L                        MOU, RLT                 Vehicular Squitter;
                                                                                          1090ES.
 
                                                  * * * * * * *
5000-5030 MHz                          T                        AMC                      AeroMACS.
 
                                                  * * * * * * *
5091-5150 MHz                          T                        AMC                      AeroMACS.
 
                                                  * * * * * * *
92000-95500 MHz                        F                        MA                       Aeronautical
                                                                                          radionavigation.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------


[[Page 31557]]

* * * * *
0
11. Section 87.187 is amended by adding paragraphs (ii) and (jj) to 
read as follows:


Sec.  87.187   Frequencies.

* * * * *
    (ii) The frequency 1090 MHz is authorized for 1090ES data 
transmission.
    (jj) The frequency band 92-95.5 GHz is available for use by air 
carrier and private aircraft stations for aeronautical radionavigation 
(EFVS airborne radars).
0
12. Section 87.215 is amended by revising paragraph (c) to read as 
follows:


Sec.  87.215  Supplemental eligibility.

* * * * *
    (c) At an airport with a published common traffic advisory 
frequency where only one unicom may be licensed, eligibility for new 
unicom licenses is restricted to State or local government entities, 
and to nongovernmental organizations (NGOs) that are authorized to 
apply for the license by a State or local government entity whose 
primary mission is the provision of public safety services. All 
applications submitted by NGOs must be accompanied by a new, written 
certification of support (for the NGO applicant to operate the applied 
for station) by the State or local government entity. Applications for 
a unicom license at the same airport, where only one unicom may be 
licensed, that are filed by two or more applicants meeting these 
eligibility criteria must be resolved through settlement or technical 
amendment.
* * * * *
0
13. Section 87.217 is amended by revising paragraph (a)(1) to read as 
follows:


Sec.  87.217  Frequencies.

    (a) * * *
    (1) 122.950 MHz at airports which have a control tower or FAA 
flight service station that operates at all times when the airport is 
used by aircraft for takeoff or landing.
* * * * *
0
14. Section 87.263 is amended by revising paragraph (a)(1) to read as 
follows:


Sec.  87.263   Frequencies.

    (a) * * *
    (1) Frequencies in the 128.8125-132.125 MHz and 136.000-137.000 MHz 
bands are available to serve domestic routes, except that the frequency 
136.750 MHz is available only to aeronautical enroute stations located 
at least 288 kilometers (180 miles) from the Gulf of Mexico shoreline 
(outside the Gulf of Mexico region). The frequencies 136.900 MHz, 
136.925 MHz, 136.950 MHz, and 136.975 MHz are available to serve 
domestic and international routes. Frequency assignments may be based 
on either 8.33 kHz or 25 kHz spacing. Frequencies in the 136.000-
137.000 MHz band are available to provide air traffic control (ATC) and 
aeronautical operational control (AOC) service for data link 
communication. When frequencies are shared for ATC and AOC for data 
link communications in the 136.000-137.000 MHz band, the specific 
frequencies and traffic sharing methodology must be agreed upon with 
the FAA. Use of these frequencies must be compatible with existing 
operations and must be in accordance with pertinent international 
treaties and agreements.
* * * * *
0
15. Section 87.345 is amended by revising the introductory text and 
paragraph (a) to read as follows:


Sec.  87.345  Scope of service.

    Aeronautical utility mobile stations provide communications for 
vehicles that are authorized to operate on an airport movement area. An 
airport movement area is defined as the runways, taxiways and other 
areas utilized for taxiing, takeoff and landing of aircraft, exclusive 
of loading ramp and parking areas. Aeronautical utility mobile stations 
operating on frequency 978 MHz or 1090 MHz also may transmit at a 
designated vehicle service area for system check out, or just prior to 
entering or just after exiting the airport movement area. Transmissions 
on 978 MHz by aeronautical utility mobile stations for Universal Access 
Transceiver service are authorized within all portions of the air 
operations area of the airport.
    (a) An aeronautical utility mobile station must monitor its 
assigned frequency during periods of operation except for operations on 
frequencies 978 MHz and 1090 MHz.
* * * * *
0
16. Section 87.349 is amended by removing paragraph (e), redesignating 
paragraph (f) as paragraph (e), and revising newly redesignated 
paragraphs (e) introductory text and (e)(3) and (5), and adding a new 
paragraph (f) to read as follows:


Sec.  87.349   Frequencies.

* * * * *
    (e) The Commission will assign either frequency 978 MHz or 
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:
* * * * *
    (3) No more than either two hundred 978 MHz or two hundred 1090 MHz 
aeronautical utility mobile stations will be authorized at one airport.
* * * * *
    (5) Message transmission rates are limited as indicated in the 
table below:

------------------------------------------------------------------------
        ADS-B message           Rate when moving    Rate when stationary
------------------------------------------------------------------------
978 MHz:
    Surface Position Message  Once per second.....  Once per second.
    Mode Status Message.....  Every 4 to 5 seconds  Every 4 to 5
                                                     seconds.
1090 MHz:
    Surface Position Message  Every 0.4 to 0.6      Every 4.8 to 5.2
     (Types 5, 6, 7, 8)...     seconds.              seconds.
    Aircraft Operational      Every 4.8 to 5.2      Every 4.8 to 5.2
     Status (Type 31).         seconds.              seconds.
    Aircraft Identification   Every 4.8 to 5.2      Every 9.8 to 10.2
     and Type (Type 2).        seconds.              seconds.
------------------------------------------------------------------------

    (f) The frequency 1090 MHz is authorized for 1090ES data 
transmission.
* * * * *
0
17. Section 87.475 is amended by adding paragraph (b)(15) and revising 
paragraph (c)(2) and paragraph (d) introductory text to read as 
follows:


Sec.  87.475  Frequencies.

* * * * *
    (b) * * *
    (15) The frequency 1090 MHz is authorized for 1090ES data 
transmission.
    (c) * * *
    (2) The frequencies available for assignment to radionavigation 
land test

[[Page 31558]]

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 for 1090 Extended Squitter (1090ES) data 
transmissions; 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 after coordination with the 
FAA:
* * * * *
    (d) Frequencies available for ELT test stations. The frequencies 
available for assignment to ELT test stations are 121.600, 121.650, 
121.700, 121.750, 121.775, 121.800, 121.850, and 121.900 MHz. Licensees 
must:
* * * * *
0
18. Section 87.483 is amended:
0
a. By revising the section heading;
0
b. By removing the introductory text;
0
c. By revising paragraph (a);
0
d. By revising paragraph (b) introductory text; and
0
e. By removing paragraph (b)(3).
    The revisions read as follows:


Sec.  87.483  Aircraft Detection Lighting Systems.

    (a) Radiodetermination (radar) frequencies. Frequencies authorized 
under Sec.  87.475(b)(8) of this chapter are available for use by an 
ADLS. The frequency coordination requirements in Sec.  87.475(a) of 
this chapter apply.
    (b) VHF audible warning frequencies. Frequencies authorized under 
Sec. Sec.  87.187(j), 87.217(a), 87.241(b), and 87.323(b) (excluding 
121.950 MHz) of this chapter are available for use by an ADLS. Multiple 
frequencies may be authorized for an individual station, depending on 
need and the use of frequencies assigned in the vicinity of a proposed 
ADLS facility. Use of these frequencies is subject to the following 
limitations:
* * * * *
0
19. Add subpart T, consisting of Sec. Sec.  87.601 through 87.606, to 
read as follows:

PART 87--AVIATION SERVICES

Subpart T--AeroMACS

Sec.
87.601 Scope of service.
87.602 Licensing.
87.603 Channel plan.
87.604 Base station EIRP limits.
87.605 Transmitted Spectral Mask for frequencies greater than 250 
percent of the channel bandwidth away from the Base Station/Mobile 
Station operating center.


Sec.  87.601  Scope of service.

    AeroMACS supports wireless broadband communications connectivity 
for safety and regularity of flight to fixed, base and mobile stations 
in the airport surface. Applications fall into three general 
categories: Air Traffic Services (ATS), including Air Traffic Control 
(ATC) and Air Traffic Management (ATM); Aeronautical Operations 
Communications (AOC); and communications related to airport operations, 
safety, and security.


Sec.  87.602  Licensing.

    (a) Eligibility for an AeroMACS base, fixed, or mobile station is 
limited to the owner or operator of an airport or to a person who has 
entered into a written agreement with the owner or operator for the 
right to operate and maintain the station.
    (b) AeroMACS base and fixed stations may be installed where needed 
to provide adequate service to the airport being served. Mobile 
stations will be licensed for an area of operation defined by a radius 
around a geographic point that encompasses the airport property.
    (c) Aircraft stations are authorized pursuant to Sec.  87.18 of 
this chapter.


Sec.  87.603  Channel plan.

    The frequencies listed below are available for AeroMACS operation. 
Channel spacing is 5 megahertz without a guardband between adjacent 
channels. AeroMACS shall operate in time division duplex (TDD) mode.

                        Table 1 to Sec.   87.603
------------------------------------------------------------------------
                   Lower AeroMACS band (5000-5030 MHz)
-------------------------------------------------------------------------
                                     Channel center frequency (fc) (MHz)
            Channel No.
------------------------------------------------------------------------
                         1                                 5005
                         2                                 5010
                         3                                 5015
                         4                                 5020
                         5                                 5025
------------------------------------------------------------------------


                        Table 2 to Sec.   87.603
------------------------------------------------------------------------
                   Upper AeroMACS band (5091-5150 MHz)
-------------------------------------------------------------------------
            Channel No.                 Channel center frequency (MHz)
------------------------------------------------------------------------
                         6                                 5095
                         7                                 5100
                         8                                 5105
                         9                                 5110
                        10                                 5115
                        11                                 5120
                        12                                 5125
                        13                                 5130
                        14                                 5135
                        15                                 5140
                        16                                 5145
------------------------------------------------------------------------

Sec.  87.604  Base station EIRP limits.

    (a) The total base station equivalent isotropic radiated power 
(EIRP) in a single channel sector shall not exceed:
    (1) 39.4 dBm for elevation angles from the horizon up to 1.5 
degrees;
    (2) 39.4 dBm linearly decreasing (in dB) to 36.4 dBm for elevation 
angles from 1.5 to 7.5 degrees;
    (3) 36.4 dBm linearly decreasing (in dB) to 24.4 dBm for elevation 
angles from 7.5 to 27.5 degrees;
    (4) 24.4 dBm linearly decreasing (in dB) to 1.4 dBm for elevation 
angles from 27.5 to 90 degrees;
    (5) For multiple transmit antenna configurations the EIRP limit is 
the sum of the individual antennas.
    (6) For aircraft (A/C) and ground equipment, the maximum allowable 
EIRP is +30 dBm.
    (b) For purposes of this section, EIRP is defined for these 
purposes as antenna gain in a specified elevation direction plus the 
average AeroMACS transmitter power. While the instantaneous peak power 
from a given transmitter may exceed that level when all of the 
subcarriers randomly align in phase, when the large number of 
transmitters assumed in the analysis is taken into account, average 
power is the appropriate metric.
    (c) If a sector contains multiple transmit antennas, e.g., multiple 
input multiple output (MIMO) antenna, the specified power limit is the 
sum of the power from each antenna.


Sec.  87.605  Transmitted Spectral Mask for frequencies greater than 
250 percent of the channel bandwidth away from the Base Station/Mobile 
Station operating center.

    The power spectral density of the emissions when all active sub-
carriers are transmitted in the channel shall be attenuated below the 
maximum power spectral density as follows:
    (a) On any frequency removed from the assigned frequency between 50 
and

[[Page 31559]]

55 percent of the authorized bandwidth: 26 + 145 log (percent of BW/50) 
dB.
    (b) On any frequency removed from the assigned frequency between 55 
and 100 percent of the authorized bandwidth: 32 + 31 log (percent of 
(BW)/55) dB.
    (c) On any frequency removed from the assigned frequency between 
100 and 150 percent of the authorized bandwidth: 40 +57 log (percent of 
(BW)/100) dB; and
    (d) On any frequency removed from the assigned frequency beyond 150 
percent of the authorized bandwidth: 50 dB or 55+10log(P) dB, whichever 
is the lesser attenuation.


Sec.  87.606  Unwanted emissions.

    (a) Transmitter spurious emissions For AeroMACS frequencies that 
are greater than 250 percent of the channel bandwidth away from the 
Base Station/Mobile Station operating center, Base Station and Mobile 
Station transmitter spurious emissions must not exceed the values in 
the following table.

                        Table 1 to Sec.   87.606
------------------------------------------------------------------------
                                                           Maximum level
         Frequency band           Measurement bandwidth        (dBm)
------------------------------------------------------------------------
30 MHz < f < 1 GHz.............  100 kHz................             -36
1 GHz < f < 12.75 GHz..........  30 kHz if 2.5xBW < =                -30
                                  absolute value of (fc-
                                  f) < 10xBW.
1 GHz < f < 12.75 GHz..........  300 kHz if 10xBW < =                -30
                                  absolute value of (fc-
                                  f) < 12xBW.
1 GHz < f < 12.75 GHz..........  1 MHz if 12xBW < =                 -30
                                  absolute value of (fc-
                                  f).
------------------------------------------------------------------------
Note: fc denotes the center frequency and f denotes the frequency of the
  spurious emission. BW is the AeroMACS channel bandwidth of 5 MHz. The
  above values apply to both MS and BS equipment. All transmitter
  spurious emission shall be measured at the output of the equipment.

    (b) Receiver spurious emissions. Receiver spurious emissions must 
not exceed the values in the following table.

                        Table 2 to Sec.   87.606
------------------------------------------------------------------------
                                                           Maximum level
         Frequency band           Measurement bandwidth        (dBm)
------------------------------------------------------------------------
30 MHz < f < 1 GHz.............  100 kHz................             -57
1 GHz < f < 12.75 GHz..........  1 MHz..................             -47
------------------------------------------------------------------------

[FR Doc. 2019-12980 Filed 7-1-19; 8:45 am]
BILLING CODE 6712-01-P