[Federal Register Volume 87, Number 127 (Tuesday, July 5, 2022)]
[Rules and Regulations]
[Pages 39746-39748]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-14306]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 77

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


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

AGENCY:  Federal Aviation Administration (FAA); Department of 
Transportation (DOT):

ACTION: Notification of amended policy.

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

SUMMARY: The FAA announces an amendment to its Colo Void policy. The 
FAA last revised its policy regarding the notification requirements and 
processes for evaluation of potential electromagnetic interference 
(EMI) for co-location of antenna systems on existing structures 
previously studied by the FAA on November 21, 2007. Based on an August 
4, 2020 request from the Colo Void Clause Coalition (CVCC), the FAA 
finds that further modifications to this policy are necessary and 
appropriate. The FAA will add additional frequencies to the list of 
those not requiring notice to the FAA when added to an existing 
structure with a current No Hazard Determination.

DATES: This policy is effective September 6, 2022.

FOR FURTHER INFORMATION CONTACT: For specific questions related to the 
Colo Void policy, please contact the Spectrum Engineering Group, 202-
267-7365.

SUPPLEMENTARY INFORMATION:

Background

    Prior to April 2004, when the FAA issued a Determination of No 
Hazard to Air Navigation for proposed construction or alteration of an 
antenna structure, the Determination included the following condition: 
``This determination is based, in part, on the foregoing description 
which includes specific coordinates, heights, frequency(ies) and power. 
Any changes in coordinates, heights, frequency(ies) or use of greater 
power will void this determination. Any future construction or 
alteration, including an increase in

[[Page 39747]]

heights, power, or the addition of other transmitters requires separate 
notice to the FAA.'' As a result of this condition, a proponent seeking 
only to add frequencies to a previously studied structure for which the 
FAA had issued a Determination of No Hazard was required to file notice 
with the FAA. They had to file the notice on FAA Form 7460-1 in 
accordance with the previously discussed condition.
    On April 27, 2004, the FAA published a revised policy regarding the 
notification requirements for co-locating antenna systems on existing 
structures previously studied by the FAA (69 FR 22732). The revised 
policy was based on a Best Practices Agreement recommended by the Colo 
Void Clause Coalition (CVCC).\1\ Under this revised policy, a proponent 
was not required to file notices with the FAA for an aeronautical study 
to add certain frequencies to an existing structure that FAA issued a 
current Determination of No Hazard to Air Navigation.
---------------------------------------------------------------------------

    \1\ The CVCC represents wireless service providers and tower 
companies that together currently own or manage the majority of the 
radio towers throughout the United States.
---------------------------------------------------------------------------

    In February 2006, the CVCC asked the FAA to consider amending its 
policy to include additional frequency bands. The CVCC also sought 
clarification of the condition in the 2004 policy requiring proponents 
to provide the FAA with an electronic copy of its antenna system 
location databases. On November 21, 2007, the FAA further amended the 
policy to add the requested frequencies (72 FR 65449). FAA also 
withdrew the condition requiring proponents to provide electronic 
copies of antenna system location databases because any unintentional 
electromagnetic interference resulting under the policy can be 
mitigated by condition 2 of the policy.\2\
---------------------------------------------------------------------------

    \2\ Condition 2--If an antenna system, operating in the 
designated frequency bands, causes EMI to one or more FAA 
facilities, the FAA will contact the proponent. The proponent must 
mitigate the EMI in a timely manner, as recommended by the FAA in 
each particular case. Depending upon the severity of the 
interference, the proponent must eliminate harmful EMI either by 
adjusting operating parameters, (for example, employing extra 
filtering or reducing effective radiated power), or by ceasing 
transmissions, as may be required by the FCC and the FAA. Failure to 
provide successful EMI mitigation techniques will result in referral 
to the FCC's Enforcement Bureau for possible enforcement action. (69 
FR 22732; April 27, 2004).
---------------------------------------------------------------------------

    On August 4, 2020, the CVCC requested that the FAA consider 
amending the November 21, 2007 policy by including additional frequency 
bands not requiring notice to the FAA when co-located with previously 
studied structures with No Hazard determinations. The frequencies are 
those that the Federal Communications Commission (FCC) has authorized 
for use by wireless companies.\3\ The FCC reviewed the bands and 
associated technical rules to ensure their use of the bands would not 
cause harmful effects to other users operating in the same bands. 
Furthermore, many of these commercial radio frequency systems use 
technology that are industry and federally approved. The FAA agrees 
with the FCC's evaluation, and after careful review and coordination, 
has determined that it can include most of the requested additional 
frequencies by amending the current Colo Void policy. These additional 
frequencies will promote telecommunication and wireless services, while 
not negatively impacting either the safety or efficiency of civil 
flight.
---------------------------------------------------------------------------

    \3\ AT&T, a member of the CVCC, separately requested the 
addition of the 3.45 GHz band.
---------------------------------------------------------------------------

Policy

    The FAA recognizes the telecommunications industry's need and 
commitment to provide wireless services to the public. Also, the FAA 
recognizes that it is essential for these companies to speed up the 
time frame for build-out and deployment of their networks. However, the 
FAA's first commitment is to aviation safety. For that reason, the FAA 
finds that it can amend its policy to add most, but not all, of the 
frequencies requested by the CVCC. As has been the case with previous 
policy updates, the express notice requirements under part 77 of Title 
14 Code of Federal Regulations (CFR) are not altered or modified. If 
the addition of frequencies is accompanied by an increase in the height 
of a previously studied structure, notice must be filed with the FAA as 
required by 14 CFR 77.9.\4\ Physical structures located on or near 
public use and other types of landing facilities defined in 14 CFR 
77.9(d) raise concerns about possible obstruction to air navigation, 
and the FAA will handle these issues pursuant to current regulations 
and procedures.
---------------------------------------------------------------------------

    \4\ This citation changed when the FAA amended part 77 in 2010 
from Sec.  77.13 to Sec.  77.9.
---------------------------------------------------------------------------

    Under this policy, a proponent is not required to file notice with 
the FAA to add frequencies to an existing structure that either has a 
current FAA issued Determination of No Hazard to Air Navigation or 
otherwise does not meet notice criteria if the frequency is listed in 
this policy. If an additional antenna system must be used to add 
frequencies, the antenna system must not be located on Federal or 
public use landing facilities property.
    Furthermore, the antenna system must not be co-located or mounted 
on an FAA antenna structure without prior coordination with the FAA's 
Spectrum Engineering Group. This policy to not require notice only 
applies to antenna systems operating on the following frequencies and 
service types, as dictated by various parts of 47 CFR. FAA is updating 
the policy to include additional frequencies. In some instances, the 
frequencies added by this notice are subject to designated power and 
bandwidth limitations. These limitations are specified where 
applicable. The new frequencies are designated with an asterisk.
     698-806 MHz (Advanced Wireless Service--Part 27).
     806-821 MHz and 851-866 MHz (Industrial/Business/
Specialized Mobile Radio Pool--Part 90).
     816-820 MHz and 861-865 MHz (Basic Exchange Telephone 
Radio--Parts 1 and 22).
     821-824 MHz and 866-869 MHz (Public Safety Mobile Radio 
Pool--Part 90).
     824-849 MHz and 869-894 MHz (Cellular Radiotelephone--
Parts 1 and 22).
     849-851 MHz and 894-896 MHz (Air-Ground Radiotelephone--
Parts 1).
     896-901 MHz and 935-940 MHz (900 MHz SMR--Part 90).
     901-902 MHz and 930-931 MHz (Narrowband PCS--Part 24).
     929-930 MHz, 931-932 MHz, and 940-941 MHz (Paging--Parts 
1, 22, and 90).
     1670-1675 MHz (Wireless Communications Service--Part 27).
     * 1695-1710 MHz, 1755-1780 MHz, and 2155-2180 MHz 
(Advanced Wireless Service--Part 27; 3280 Watts effective isotropic 
radiated power (EIRP), No bandwidth limitations; largest spectrum block 
is 20 MHz).
     1710-1755 MHz, 2020-2025 MHz, and 2110-2180 MHz (Advanced 
Wireless Service--Part 27).
     1850-1990 MHz (Broadband PCS--Part 24, Point-to-Point 
Microwave--Part 101).
     1990-2000 MHz (Broadband PCS--Part 24).
     2000-2020 MHz and 2180-2200 MHz (Mobile Satellite 
Service--Part 25).
     2305-2320 MHz and 2345-2360 MHz (Wireless Communications 
Service (WCS)--Part 27).
     2320-2345 MHz (Satellite Digital Audio Radio Service--Part 
27).
     2496-2690 MHz (Broadband Radio Service--Part 27).
     * 3.45 GHz (3450-3550 MHz Miscellaneous Wireless 
Communications Services--Part 27, 3280 watts/MHz EIRP, 20 MHz).

[[Page 39748]]

     * 3.5 GHz (3550-3700 MHz Citizens Broadband Radio 
Service--Part 96; 47 dBm/10 MHz EIRP, 10 MHz).
     * 5.9 GHz (5850-5925 MHz Dedicated Short-Range 
Communications Service--Part 90; 33 Watts EIRP and higher power level 
limited to state and local governmental entities).
     6.0-7.0 GHz, 10.0-11.7 GHz, 17.7-19.7 GHz, and 21.2-23.6 
GHz (Fixed Microwave Service--Part 101).
     * 12 GHz (12200-12700 MHz Multichannel Video Distribution 
& Data Service--Part 101; +50 dBW EIRP, 500 MHz).
     * 24 GHz (24250-24450 MHz and 24750-25250 MHz Upper 
Microwave Flexible Use Service--Part 30; +75 dBm/100 MHz EIRP, 200 MHz/
500 MHz).
     * 28 GHz (27500-28350 MHz Upper Microwave Flexible Use 
Service--Part 30; +75 dBm/100 MHz EIRP (mobile base stations), +85 dBm/
100 MHz EIRP (fixed directional antenna stations), 850 MHz).
     * 29 GHz and 31 GHz (29100-29250 MHz and 31000-31300 MHz, 
23 dBW/MHz EIRP (Point-to-Point Operations), 150 MHz).
     * 37 GHz (37000-38600 MHz Upper Microwave Flexible Use 
Service--Part 30; +75 dBm/100 MHz EIRP (mobile base stations), +85 dBm/
100 MHz EIRP (fixed directional antenna stations), 200 MHz).
     * 39 GHz (38600-40000 MHz Upper Microwave Flexible Use 
Service--Part 30; +75 dBm/100 MHz EIRP (mobile base stations), +85 dBm/
100 MHz EIRP (fixed directional antenna stations), 200 MHz).
     * 47 GHz (47200-48200 MHz, Upper Microwave Flexible Use 
Service--Part 30; +75 dBm/100 MHz EIRP, 100 MHz).
     * 70 GHz (71000-76000 MHz Millimeter Wave Service--Part 
101; +55 dBW EIRP, 5,000 MHz).
     * 80 GHz (81000-86000 MHz Millimeter Wave Service--Part 
101; +55 dBW EIRP, 5,000 MHz).
     * 90 GHz (92000-94000 MHz and 94100-95000 MHz Millimeter 
Wave Service--Part 101; +55 dBW EIRP, 2,900 MHz).
    In addition, the following conditions also apply to this Colo Void 
policy. First, if an antenna system, operating in the designated 
frequency bands, causes EMI to air navigation, including communication 
facilities and aviation radio frequency services, the FAA will contact 
the proponent. The proponents must mitigate the EMI in a timely manner, 
as recommended by the FAA in each particular case. Depending on the 
severity of the interference, the proponent must eliminate harmful EMI 
either by adjusting operating parameters (for example, employing extra 
filtering or reducing effective radiated power), or by ceasing 
transmissions, as may be required by the FCC and the FAA. Failure to 
provide successful EMI mitigation techniques will result in referral to 
the FCC's Enforcement Bureau for possible enforcement action. Second, 
this policy only applies to current technologies and modulation 
techniques (for example, analog, time division multiple access, and 
Global System Mobile Communications) existing in the wireless 
radiotelephone environment on the date of issuance of this policy. Any 
future technologies placed into commercial service by wireless service 
providers, although operating on the frequencies mentioned above, must 
provide notification to the FAA under 14 CFR part 77 procedures.
    As has been the case with previous policy updates, the FAA will 
continue to revise the conditional language in future cases involving 
Determination of No Hazard to Air Navigation to reflect this policy. 
Furthermore, this policy applies retroactively to any structure for 
which the FAA has issued a Determination of No Hazard to Air 
Navigation.

    Issued in Washington, DC, on June 29, 2022.
Jeffrey Planty,
Vice President, Technical Operations Services, Air Traffic 
Organization.
[FR Doc. 2022-14306 Filed 6-30-22; 11:15 am]
BILLING CODE P