Air-Ground Telecommunications Services, 76411-76414 [05-24485]
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Federal Register / Vol. 70, No. 247 / Tuesday, December 27, 2005 / Rules and Regulations
TABLE 1.—EPA APPROVED TENNESSEE REGULATIONS—Continued
State effective date
State citation
Title/subject
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Section 1200–3–27–
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Compliance plans for NOX Emissions From Stationary Internal Combustion Engines.
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[FR Doc. 05–24415 Filed 12–23–05; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Parts 1 and 22
[WT Docket Nos. 03–103, 05–42; FCC 05–
202]
Air-Ground Telecommunications
Services
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
SUMMARY: In this document, the
Commission (‘‘Commission’’) resolves
two petitions for reconsideration in this
proceeding. Further, the Commission
adopts certain reporting requirements
that will require licensees who win an
exclusive 3 MHz license to report to the
Commission in order to enable the
Commission to monitor the migration of
their narrowband subscribers to a new
broadband system.
DATES: Effective February 27, 2006.
FOR FURTHER INFORMATION CONTACT:
Richard Arsenault, Chief Counsel,
Mobility Division, Wireless
Telecommunications Bureau, at 202–
418–0920 or via e-mail at
Richard.Arsenault@fcc.gov.
This is a
summary of the Order on
Reconsideration portion (Order on
Reconsideration) of the Commission’s
Order on Reconsideration and Report
and Order, FCC 05–202, in WT Docket
Nos. 03–103 and 05–42, adopted
December 8, 2005, and released
December 9, 2005. Contemporaneous
with this document, the Commission
issues a Report and Order (published
elsewhere in this publication). The
complete text of this document is
available for public inspection and
copying from 8 a.m. to 4:30 p.m.
Monday through Thursday or from 8
a.m. to 11:30 p.m. on Friday at the FCC
Reference Information Center, Portals II,
445 12th Street, SW., Room CY–A257,
wwhite on PROD1PC61 with RULES
SUPPLEMENTARY INFORMATION:
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Paperwork Reduction Act
This Order on Reconsideration does
not contain any new or modified
information collections.
Synopsis of the Order on
Reconsideration
1. In the Report and Order in this
proceeding, 70 FR 19293, April 13,
2005, the Commission, inter alia,
amended its 800 MHz commercial AirGround Radiotelephone Service band
plan and service rules. Based on the
band configuration proposals submitted
by interested parties in the proceeding,
the Commission decided to assign
nationwide air-ground licenses under
one of three alternative band
configurations: (1) Band Plan 1,
comprised of two overlapping, shared,
cross-polarized 3 MHz licenses (licenses
A and B, respectively), (2) Band Plan 2,
comprised of an exclusive 3 MHz
license and an exclusive 1 MHz license
(licenses C and D, respectively), and (3)
Band Plan 3, comprised of an exclusive
1 MHz license and an exclusive 3 MHz
license (licenses E and F, respectively),
with the blocks at opposite ends of the
band from the second configuration.
Each of these band plans includes at
least one 3 MHz license, which the
Commission determined would enable a
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Federal Register
Notice
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[Insert citation of
publication]
11/14/05
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Washington, DC 20554. This document
and all related Commission documents
may also be purchased from the
Commission’s duplicating contractor,
Best Copy and Printing, Inc. (BCPI),
Portals II, 445 12th Street, SW., Room
CY–B402, Washington, DC 20554,
telephone 202–488–5300, facsimile
202–488–5563, or you may contact BCPI
at its Web site: https://
www.BCPIWEB.com. When ordering
documents from BCPI please provide
the appropriate FCC document number
(for example, FCC 05–202, Order on
Reconsideration). The full text may also
be downloaded at: https://www.fcc.gov.
Alternative formats are available to
persons with disabilities by sending an
e-mail to fcc504@fcc.gov or call the
Consumer & Governmental Affairs
Bureau at 202–418–0530 (voice), or
202–418–0432 (tty).
EPA approval date
12/27/05
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new licensee to provide broadband
service to the flying public.
2. The Commission will award
licenses to winning bidders for the
licenses comprising the band plan that
receives the highest aggregate gross bid,
subject to long-form license application
review. In order to further competition
and ensure maximum use of this
frequency band for air-ground services,
no party will be eligible to hold more
than one of the spectrum licenses being
made available. We note that current
bilateral agreements between the United
States, Canada, and Mexico provide for
coordinated use of air-ground
frequencies over North American
airspace and are based on a narrow
bandwidth channel scheme, and
therefore may need to be renegotiated to
provide for more flexible use of this
spectrum. The Commission decided not
to permit a licensee to provide ancillary
land mobile or fixed services in the 800
MHz air-ground spectrum.
3. Verizon Airfone Inc. (Verizon
Airfone or Airfone) is the sole
incumbent currently operating in the
800 MHz air-ground band. The
Commission granted Verizon Airfone a
non-renewable license for a five-year
term commencing on the effective date
of the Report and Order. The
Commission determined that in order to
ensure that the air-ground spectrum can
be used to provide broadband airground services to the public in the near
future, it is imperative to clear the
incumbent narrowband system from a
minimum of three megahertz of
spectrum as soon as reasonably
practicable. The Commission concluded
that Verizon Airfone’s incumbent
system must cease operations in the
lower 1.5 MHz portion of each 2 MHz
air-ground band within 24 months of
the initial date of grant of any license,
if band plan 1 or 2 is implemented;
Verizon Airfone may relocate its
incumbent operations to the upper 0.5
MHz portion of each 2 MHz band and
may continue to operate under the
renewal authorization until the end of
the five-year license term. If band plan
3 is implemented, Verizon Airfone’s
incumbent system must cease
operations in the upper 1.5 MHz portion
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Federal Register / Vol. 70, No. 247 / Tuesday, December 27, 2005 / Rules and Regulations
of each 2 MHz air-ground band within
24 months of the initial date of grant of
any new license; Verizon Airfone may
relocate its incumbent operations to the
lower 0.5 MHz portion of each 2 MHz
band and may continue to operate under
the renewal authorization until the end
of the five-year license term.
4. In this Order on Reconsideration,
we address the Petition for Clarification
and Reconsideration of the Report and
Order in this proceeding, 70 FR 19293,
April 13, 2005, filed by Space Data
Corporation (Space Data). We deny
Space Data’s request to permit the
provision of ancillary land mobile and
fixed service in the 800 MHz air-ground
band on a secondary basis. We grant
Space Data’s request to clarify that
stratospheric platforms, such as highaltitude balloons, may be used to
provide air-ground services in the band.
5. In the Report and Order, the
Commission prohibited the provision of
ancillary land mobile and fixed services
in the 800 MHz air-ground band. The
Commission determined that, in light of
the small amount of spectrum dedicated
for commercial air-ground service (only
four megahertz), the public interest
would be best served by ensuring that
the band is devoted to the provision of
air-ground service. Space Data requests
that we revisit this determination and
permit licensees to provide ancillary
land mobile and fixed service on a
secondary basis in the band.
6. We conclude that Space Data has
failed to demonstrate sufficient grounds
for revisiting the Commission’s
proscription on ancillary land mobile
and fixed service use of the 800 MHz
air-ground band. Ancillary use of the
air-ground band could create the
potential for harmful interference with
users of adjacent spectrum bands. Space
Data claims that because it proposes
ancillary use of the band on a secondary
basis, the potential for harmful
interference can be readily addressed.
We find that it is unnecessary to resolve
the parties’ claims regarding the
potential for interference arising from
ancillary land mobile and fixed
operations. Rather, we conclude that the
Commission’s goal to promote the
provision of new and innovative
wireless services to the flying public,
including broadband services, will be
best served by requiring that the four
megahertz of spectrum in the band be
devoted to the provision of air-ground
service.
7. Space Data also requests
clarification that balloon-borne
stratospheric platforms may be used to
provide air-ground communications
services in the 800 MHz air-ground
band. We confirm that stratospheric
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platforms, as described by Space Data,
may be used to provide service in the
800 MHz air-ground band so long as
licensees comply with the rules adopted
in the Air-Ground Report and Order and
other applicable rules.
8. We also grant Space Data’s request
that we clarify that, if a licensee were to
deploy stratospheric platforms in the
band, those operations would be subject
to the 12 watt peak effective radiated
power limit for airborne mobile station
transmitters set forth in new Section
22.867(a) of the Commission’s rules.
Together, these rules should ensure that
any stratospheric operations in the band
would not cause harmful interference to
operations in adjacent spectrum bands.
9. In addition, in this Order on
Reconsideration, we deny the Petition
for Partial Reconsideration of the Report
and Order, filed by AirCell, Inc.
(AirCell). Specifically, we deny
AirCell’s request to shorten from five to
two years the term of the nonrenewable
license granted to Verizon Airfone Inc.
We also deny AirCell’s request to
abbreviate from two years to six months
the transition period that the
Commission adopted in order for
Verizon Airfone to move its incumbent
narrowband operations to one
megahertz of spectrum in the 800 MHz
air-ground band, which period will
commence on the grant date of the first
new license in the band.
10. AirCell claims that based on its
experience as an air-ground service
provider, relocation of Airfone’s
incumbent operations from four to one
megahertz of spectrum could be
concluded in six months. AirCell
believes that Airfone’s ground stations
could be remotely retuned to operate on
one megahertz in the band. According to
Airfone, however, the software
controlling each of its ground stations
must be modified, tested, and deployed
on-site, and each location needs to be
evaluated for the possible installation of
customized emission filters. AirCell
assumes that moving Airfone’s
narrowband operations to one
megahertz in the band would not
require modification of end user
equipment. Airfone’s service, however,
is installed on over 3,000 general
aviation, military, and Federal
Government aircraft that cannot be
remotely contacted for reprogramming
and therefore would require a
maintenance visit. In view of the
foregoing, we find that there is no basis
in the record to shorten the two-year
transition period.
11. AirCell also argues that the
possibility that it could construct an airground system and begin to provide
broadband service shortly after
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obtaining a license in the band warrants
reducing the transition period to six
months. Even if a new entrant could
launch broadband service within a few
months of obtaining a license in the
band, the transition of Airfone’s system
to one megahertz in the band may be far
more complex than envisioned by
AirCell. In establishing the two-year
transition period, the Commission
carefully balanced the goal in this
proceeding of enabling new entrants to
deploy innovative wireless services to
the flying public in the near future with
the need for an orderly transition of
Airfone’s legacy narrowband system.
We find no basis in the record to revisit
the reasonableness of the decision
reached in the Report and Order in
weighing these competing public
interest objectives.
12. We also reject AirCell’s assertion
that the two-year transition period
would somehow act as a perverse
bidding credit for Airfone by allowing
the company to bid on a ten-year
license, while other auction participants
would be bidding on licenses with an
effective eight-year term. Even if Airfone
were to obtain a new 3 MHz air-ground
license, the company would have to
move its incumbent narrowband
operations from four to one megahertz
of spectrum in the band before it could
commence broadband operations.
Moreover, if Airfone were to obtain
either of the non-exclusive 3 MHz
licenses comprising band plan 1, it and
the other non-exclusive 3 MHz licensee
would both have to wait the same
interlude (the period it takes Airfone to
move its incumbent operations) to
commence service. Accordingly, we
deny AirCell’s request to reduce the
transition period.
13. Lastly, we note that AirCell has
more recently urged the Commission to
shorten the transition period to one year
rather than six months. For all of the
foregoing reasons, we also deny
AirCell’s request to reduce the transition
period to one year.
14. AirCell also argues that grant of
the five-year license to Verizon Airfone
is antithetical to the Commission’s goal
in this proceeding to promote
competition in the 800 MHz air-ground
band. To the contrary, the Commission
granted Airfone a nonrenewable fiveyear license, rather than a renewable
ten-year license, in order to promote the
introduction of competition and new
services in the 800 MHz air-ground
band.
15. AirCell claims that if Airfone were
to obtain an exclusive 3 MHz license,
the winner of the corresponding 1 MHz
license could be prevented from
commencing operations until the end of
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Federal Register / Vol. 70, No. 247 / Tuesday, December 27, 2005 / Rules and Regulations
the five-year license term. The
Commission recognized this possibility
in the Report and Order and noted that
the holder of a 1 MHz license might
have to share spectrum with Airfone’s
incumbent system until the end of the
company’s five-year license term.
16. AirCell also argues that we should
shorten the term of Airfone’s license
because, if band plan 1 is implemented
(i.e., two overlapping 3 MHz licenses),
the licensees would have to overlap
their systems 100 percent while the
incumbent system operates in one
megahertz of the band. AirCell claims
that, with 100 percent spectrum overlap,
isolation between two 3 MHz networks
would be degraded and the licensees
would have to extensively coordinate
site locations. The Commission granted
Airfone a five-year license term (which
commenced on May 13, 2005), rather
than a ten-year license term, to promote
the introduction of new services in the
800 MHz air-ground band. The
possibility that full spectrum sharing—
during the period from when Airfone
transitions to one megahertz in the band
and the end of Airfone’s license term—
may not be optimal does not cause us
to reconsider this decision. We therefore
reject AirCell’s request to shorten the
license term.
17. AirCell states that, in order to help
ensure that Airfone will timely
conclude the transition of its incumbent
narrowband operations from four to one
megahertz of the 800 MHz air-ground
band, we should establish milestones or
benchmarks that Airfone must meet
during the transition period and that we
should require the company to regularly
file reports regarding the status of the
transition process. The process of
transitioning Airfone’s incumbent
system and its general aviation
subscribers to operate on one megahertz
of the band will be more complex than
envisioned by AirCell. We therefore
conclude that imposing transition
benchmarks or milestones that Airfone
would have to meet by target dates
would be impracticable and potentially
burdensome.
18. We agree with AirCell that we
should require Airfone to file regular
transition status reports. We find that
such reports will serve the public
interest by enabling the Commission to
closely monitor the transition of
Airfone’s narrowband system and to
ensure that the transition is timely
effected. We hereby delegate authority
to the Commission’s Wireless
Telecommunications Bureau to adopt
specific reporting requirements and
direct it to issue a Public Notice
enumerating such requirements within
60 calendar days of the adoption of this
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Order on Reconsideration. We envision
that each report will provide specific
details regarding the status of Airfone’s
transition of its base stations and its
subscribers’ aircraft so that they may
operate on one megahertz of the 800
MHz air-ground band. At a minimum,
each report should provide the number
and percentage of each type of aircraft
(commercial, general aviation, and
government) and base stations that have
been transitioned to operate in the one
megahertz portion of the band. Airfone
must file its initial transition status
report with the Commission six months
from the date of the grant of any new
license in the band and at each of the
three six-month intervals thereafter.
Airfone is not required to submit any
classified information regarding
government aircraft in its reports.
19. In addition, if Verizon Airfone, or
one of its affiliates, wins an exclusive 3
MHz license at auction, it shall include
in each status report—and file
additional reports at six-month intervals
from the conclusion of the two-year
transition period until the expiration of
its five-year nonrenewable license—
information regarding the transition of
its existing subscribers from its
narrowband system to a broadband
system. We hereby delegate authority to
the Commission’s Wireless
Telecommunications Bureau to adopt
specific reporting requirements and
direct it to issue a Public Notice
enumerating such requirements within
60 calendar days of the grant of an
exclusive 3 MHz license to Airfone. At
a minimum, Airfone must specify the
number and percentage of each type of
aircraft (commercial, general aviation,
and government) and base stations that
have been configured to operate in the
three megahertz portion of the band.
The report must also delineate which
aircraft have been transitioned from
Airfone’s 4 MHz narrowband system
directly to a 3 MHz broadband system,
and which aircraft have been
transitioned from the 4 MHz
narrowband system to a 1 MHz
narrowband system and then to a 3 MHz
broadband system. Airfone is not
required to submit any classified
information regarding government
aircraft in its reports.
Ordering Clauses
20. Pursuant to the authority
contained in sections 1, 4(i), 11, 303(r)
and (y), 308, 309, and 332 of the
Communications Act of 1934, as
amended, 47 U.S.C. 151, 154(i), 161,
303(r), 303(y), 308, 309, and 332, this
Order on Reconsideration and Report
and Order is hereby Adopted.
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76413
21. Pursuant to sections 1, 4(i), and
4(j) of the Communications Act of 1934,
as amended, 47 U.S.C. 151, 154(i), and
154(j), and section 1.429 of the
Commission’s rules, 47 CFR 1.429, that
the Petition for Clarification and
Reconsideration, filed by Space Data
Corporation on May 13, 2005, Is granted
in part and denied in part, to the extent
indicated herein.
22. Pursuant to sections 1, 4(i), and
4(j) of the Communications Act of 1934,
as amended, 47 U.S.C. 151, 154(i), and
154(j), and section 1.429 of the
Commission’s rules, 47 CFR 1.429, that
the Petition for Partial Reconsideration,
filed by AirCell, Inc. on May 13, 2005,
Is denied.
23. Pursuant to sections 1, 4(i), and
4(j) of the Communications Act of 1934,
as amended, 47 U.S.C. 151, 154(i), and
154(j), and sections 0.201 and 0.331 of
the Commission’s rules, 47 CFR 0.201
and 0.331, that the Wireless
Telecommunications Bureau shall,
within 60 calendar days of the date of
the adoption of this order, issue a Public
Notice that specifies the reporting
requirements imposed on Verizon
Airfone pursuant to paragraph 21 of the
Order on Reconsideration.
24. Pursuant to sections 1, 4(i), and
4(j) of the Communications Act of 1934,
as amended, 47 U.S.C. 151, 154(i), and
154(j), and sections 0.201 and 0.331 of
the Commission’s rules, 47 CFR 0.201
and 0.331, that in the event an exclusive
3 MHz license is granted to Verizon
Airfone, or an affiliate of Verizon
Airfone, the Wireless
Telecommunications Bureau shall,
within 60 calendar days of the grant
thereof, issue a Public Notice that
specifies the reporting requirements
imposed on Verizon Airfone pursuant to
paragraph 22 of the Order on
Reconsideration.
25. Pursuant to sections 4(i), 303(c),
303(r), and 309(j) of the
Communications Act of 1934, as
amended, 47 U.S.C. 154(i), 303(c), 303(r)
and 309(j), that part 22 of the
Commission’s rules Are amended as
specified in Appendix B of the Report
and Order, effective 60 days after
publication in the Federal Register.
26. The Commission’s Consumer and
Governmental Affairs Bureau, Reference
Information Center, Shall send a copy of
the Order on Reconsideration and
Report and Order, including the Final
Regulatory Flexibility Analysis, to the
Chief Counsel for Advocacy of the Small
Business Administration.
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Federal Register / Vol. 70, No. 247 / Tuesday, December 27, 2005 / Rules and Regulations
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 05–24485 Filed 12–23–05; 8:45 am]
BILLING CODE 6712–01–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 22
[WT Docket Nos. 03–103, 05–42; FCC 05–
202]
Air-Ground Telecommunications
Services
Synopsis of the Report and Order
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
A. Incorporation of the Part 1
Standardized Auction Rules
In this document the Federal
Communications Commission
(‘‘Commission’’) adopts competitive
bidding rules for the 800 MHz
commercial Air-Ground Radiotelephone
Service and the 400 MHz general
aviation Air-Ground Radiotelephone
Service. The Commission will auction
licenses in both of these services in
conformity with the general competitive
bidding rules. The Commission adopts
small business definitions and bidding
credits for the 800 MHz air-ground
service and concludes that bidding
credits are unnecessary for the 400 MHz
air-ground service.
DATES: Effective February 27, 2006.
FOR FURTHER INFORMATION CONTACT:
Lynne Milne, Auctions and Spectrum
Access Division, Wireless
Telecommunications Bureau, at 202–
418–7055 or via e-mail at
Lynne.Milne@fcc.gov.
SUMMARY:
This is a
summary of the Report and Order
portion of the Order on Reconsideration
and Report and Order, FCC 05–202, in
WT Docket Nos. 03–103 and 05–42,
adopted on December 8, 2005, and
released on December 9, 2005. The
Commission is concurrently publishing
a summary of the Order on
Reconsideration in the Federal Register.
The complete text of the Report and
Order is available for public inspection
and copying from 8 a.m. to 4:30 p.m.
Monday through Thursday or from 8
a.m. to 11:30 p.m. on Friday at the FCC
Reference Information Center, Portals II,
445 12th Street, SW., Room CY–A257,
Washington, DC 20554. The Report and
Order and related Commission
documents may also be purchased from
the Commission’s duplicating
contractor, Best Copy and Printing, Inc.
(BCPI), Portals II, 445 12th Street, SW.,
Room CY–B402, Washington, DC,
wwhite on PROD1PC61 with RULES
SUPPLEMENTARY INFORMATION:
VerDate Aug<31>2005
17:10 Dec 23, 2005
Jkt 208001
20554, telephone 202–488–5300,
facsimile 202–488–5563, or you may
contact BCPI at its Web site: https://
www.BCPIWEB.com. When ordering
documents from BCPI please provide
the appropriate FCC document number
(for example, FCC 05–202, Report and
Order). The full text may also be
downloaded at: https://www.fcc.gov.
Alternative formats are available to
persons with disabilities by sending an
e-mail to fcc504@fcc.gov or call the
Consumer & Governmental Affairs
Bureau at 202–418–0530 (voice), or
202–418–0432 (tty).
1. On December 15, 2004, the
Commission adopted a Report and
Order and Notice of Proposed
Rulemaking, WT Docket Nos. 03–103
and 05–42, 70 FR 19293 (April 13, 2005)
and 70 FR 19377 (April 13, 2005). In the
Notice of Proposed Rulemaking, the
Commission proposed to conduct
auctions of both commercial and general
aviation air-ground licenses in
conformity with the general competitive
bidding rules in part 1, subpart Q, of the
Commission’s rules, and substantially
consistent with the bidding procedures
that have been employed in previous
Commission auctions.
2. In this Report and Order, the
Commission adopts this proposal.
Because alternative band plans are being
made available in the 800 MHz airground service, with the selection of the
final band configuration to be
determined by applicants’ bids in the
auction, the determination of whether
individual applications are mutually
exclusive for purposes of section 309(j)
of the Communications Act will be
based on whether different applicants
have applied for licenses in different
band configurations as well as on
whether different applicants have
applied for the same licenses. The
Commission finds, however, that there
is no need to change the part 1
competitive bidding rules for the airground services. These rules will be
subject to any modifications to them
that the Commission may adopt for
auctionable services generally.
B. Provisions for Designated Entities
3. The Commission concludes that it
is appropriate to offer bidding credits in
the 800 MHz commercial air-ground
service. No commercial air-ground
license will authorize the use of as
much spectrum as other nationwide
services for which the Commission has
declined to adopt small business
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bidding credits. In addition, the
Commission continues to believe that
the operation of a commercial airground service may require lower
capital expenditures than other
nationwide services. Therefore, the
Commission finds that bidding credits
should be made available to small
businesses to assist them with attracting
capital.
4. The Commission adopts its
proposed small business definitions for
the 800 MHz commercial air-ground
service. Thus, for this service the
Commission will define a small
business as an entity with average
annual gross revenues for the three
preceding years not exceeding $40
million, and the Commission will define
a very small business as an entity with
average annual gross revenues for the
three preceding years not exceeding $15
million. The Commission will offer a 15
percent bidding credit for small
businesses and a 25 percent bidding
credit for very small businesses, as set
forth in the standardized schedule of
bidding credits at 47 CFR 1.2110(f)(2).
The Commission rejects the arguments
of Space Data Corporation and AirCell,
Inc., in favor of higher bidding credit
levels than those provided for in 47 CFR
1.2110(f)(2). The Commission concludes
that neither Space Data nor AirCell has
provided sufficient support for
departing from the part 1 bidding credit
schedule in the 800 MHz air-ground
service.
5. The Commission concludes that
bidding credits are unnecessary in the
auction of licenses in the 400 MHz
general aviation Air-Ground
Radiotelephone Service. If in the future
the Commission is presented with
evidence of a need for bidding credits in
the 400 MHz air-ground service, the
Commission will reconsider this issue.
Procedural Matters
A. Congressional Review Act
6. The Commission will send a copy
of the Order on Reconsideration and
Report and Order in a report to Congress
and the Government Accountability
Office pursuant to the Congressional
Review Act.
B. Final Regulatory Flexibility Analysis
7. As required by the Regulatory
Flexibility Act of 1980, as amended
(RFA), an 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 (NPRM)
was incorporated therein. The
Commission sought written public
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]]>Agencies
[Federal Register Volume 70, Number 247 (Tuesday, December 27, 2005)]
[Rules and Regulations]
[Pages 76411-76414]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-24485]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 1 and 22
[WT Docket Nos. 03-103, 05-42; FCC 05-202]
Air-Ground Telecommunications Services
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: In this document, the Commission (``Commission'') resolves two
petitions for reconsideration in this proceeding. Further, the
Commission adopts certain reporting requirements that will require
licensees who win an exclusive 3 MHz license to report to the
Commission in order to enable the Commission to monitor the migration
of their narrowband subscribers to a new broadband system.
DATES: Effective February 27, 2006.
FOR FURTHER INFORMATION CONTACT: Richard Arsenault, Chief Counsel,
Mobility Division, Wireless Telecommunications Bureau, at 202-418-0920
or via e-mail at Richard.Arsenault@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a summary of the Order on
Reconsideration portion (Order on Reconsideration) of the Commission's
Order on Reconsideration and Report and Order, FCC 05-202, in WT Docket
Nos. 03-103 and 05-42, adopted December 8, 2005, and released December
9, 2005. Contemporaneous with this document, the Commission issues a
Report and Order (published elsewhere in this publication). The
complete text of this document is available for public inspection and
copying from 8 a.m. to 4:30 p.m. Monday through Thursday or from 8 a.m.
to 11:30 p.m. on Friday at the FCC Reference Information Center,
Portals II, 445 12th Street, SW., Room CY-A257, Washington, DC 20554.
This document and all related Commission documents may also be
purchased from the Commission's duplicating contractor, Best Copy and
Printing, Inc. (BCPI), Portals II, 445 12th Street, SW., Room CY-B402,
Washington, DC 20554, telephone 202-488-5300, facsimile 202-488-5563,
or you may contact BCPI at its Web site: https://www.BCPIWEB.com. When
ordering documents from BCPI please provide the appropriate FCC
document number (for example, FCC 05-202, Order on Reconsideration).
The full text may also be downloaded at: https://www.fcc.gov.
Alternative formats are available to persons with disabilities by
sending an e-mail to fcc504@fcc.gov or call the Consumer & Governmental
Affairs Bureau at 202-418-0530 (voice), or 202-418-0432 (tty).
Paperwork Reduction Act
This Order on Reconsideration does not contain any new or modified
information collections.
Synopsis of the Order on Reconsideration
1. In the Report and Order in this proceeding, 70 FR 19293, April
13, 2005, the Commission, inter alia, amended its 800 MHz commercial
Air-Ground Radiotelephone Service band plan and service rules. Based on
the band configuration proposals submitted by interested parties in the
proceeding, the Commission decided to assign nationwide air-ground
licenses under one of three alternative band configurations: (1) Band
Plan 1, comprised of two overlapping, shared, cross-polarized 3 MHz
licenses (licenses A and B, respectively), (2) Band Plan 2, comprised
of an exclusive 3 MHz license and an exclusive 1 MHz license (licenses
C and D, respectively), and (3) Band Plan 3, comprised of an exclusive
1 MHz license and an exclusive 3 MHz license (licenses E and F,
respectively), with the blocks at opposite ends of the band from the
second configuration. Each of these band plans includes at least one 3
MHz license, which the Commission determined would enable a new
licensee to provide broadband service to the flying public.
2. The Commission will award licenses to winning bidders for the
licenses comprising the band plan that receives the highest aggregate
gross bid, subject to long-form license application review. In order to
further competition and ensure maximum use of this frequency band for
air-ground services, no party will be eligible to hold more than one of
the spectrum licenses being made available. We note that current
bilateral agreements between the United States, Canada, and Mexico
provide for coordinated use of air-ground frequencies over North
American airspace and are based on a narrow bandwidth channel scheme,
and therefore may need to be renegotiated to provide for more flexible
use of this spectrum. The Commission decided not to permit a licensee
to provide ancillary land mobile or fixed services in the 800 MHz air-
ground spectrum.
3. Verizon Airfone Inc. (Verizon Airfone or Airfone) is the sole
incumbent currently operating in the 800 MHz air-ground band. The
Commission granted Verizon Airfone a non-renewable license for a five-
year term commencing on the effective date of the Report and Order. The
Commission determined that in order to ensure that the air-ground
spectrum can be used to provide broadband air-ground services to the
public in the near future, it is imperative to clear the incumbent
narrowband system from a minimum of three megahertz of spectrum as soon
as reasonably practicable. The Commission concluded that Verizon
Airfone's incumbent system must cease operations in the lower 1.5 MHz
portion of each 2 MHz air-ground band within 24 months of the initial
date of grant of any license, if band plan 1 or 2 is implemented;
Verizon Airfone may relocate its incumbent operations to the upper 0.5
MHz portion of each 2 MHz band and may continue to operate under the
renewal authorization until the end of the five-year license term. If
band plan 3 is implemented, Verizon Airfone's incumbent system must
cease operations in the upper 1.5 MHz portion
[[Page 76412]]
of each 2 MHz air-ground band within 24 months of the initial date of
grant of any new license; Verizon Airfone may relocate its incumbent
operations to the lower 0.5 MHz portion of each 2 MHz band and may
continue to operate under the renewal authorization until the end of
the five-year license term.
4. In this Order on Reconsideration, we address the Petition for
Clarification and Reconsideration of the Report and Order in this
proceeding, 70 FR 19293, April 13, 2005, filed by Space Data
Corporation (Space Data). We deny Space Data's request to permit the
provision of ancillary land mobile and fixed service in the 800 MHz
air-ground band on a secondary basis. We grant Space Data's request to
clarify that stratospheric platforms, such as high-altitude balloons,
may be used to provide air-ground services in the band.
5. In the Report and Order, the Commission prohibited the provision
of ancillary land mobile and fixed services in the 800 MHz air-ground
band. The Commission determined that, in light of the small amount of
spectrum dedicated for commercial air-ground service (only four
megahertz), the public interest would be best served by ensuring that
the band is devoted to the provision of air-ground service. Space Data
requests that we revisit this determination and permit licensees to
provide ancillary land mobile and fixed service on a secondary basis in
the band.
6. We conclude that Space Data has failed to demonstrate sufficient
grounds for revisiting the Commission's proscription on ancillary land
mobile and fixed service use of the 800 MHz air-ground band. Ancillary
use of the air-ground band could create the potential for harmful
interference with users of adjacent spectrum bands. Space Data claims
that because it proposes ancillary use of the band on a secondary
basis, the potential for harmful interference can be readily addressed.
We find that it is unnecessary to resolve the parties' claims regarding
the potential for interference arising from ancillary land mobile and
fixed operations. Rather, we conclude that the Commission's goal to
promote the provision of new and innovative wireless services to the
flying public, including broadband services, will be best served by
requiring that the four megahertz of spectrum in the band be devoted to
the provision of air-ground service.
7. Space Data also requests clarification that balloon-borne
stratospheric platforms may be used to provide air-ground
communications services in the 800 MHz air-ground band. We confirm that
stratospheric platforms, as described by Space Data, may be used to
provide service in the 800 MHz air-ground band so long as licensees
comply with the rules adopted in the Air-Ground Report and Order and
other applicable rules.
8. We also grant Space Data's request that we clarify that, if a
licensee were to deploy stratospheric platforms in the band, those
operations would be subject to the 12 watt peak effective radiated
power limit for airborne mobile station transmitters set forth in new
Section 22.867(a) of the Commission's rules. Together, these rules
should ensure that any stratospheric operations in the band would not
cause harmful interference to operations in adjacent spectrum bands.
9. In addition, in this Order on Reconsideration, we deny the
Petition for Partial Reconsideration of the Report and Order, filed by
AirCell, Inc. (AirCell). Specifically, we deny AirCell's request to
shorten from five to two years the term of the nonrenewable license
granted to Verizon Airfone Inc. We also deny AirCell's request to
abbreviate from two years to six months the transition period that the
Commission adopted in order for Verizon Airfone to move its incumbent
narrowband operations to one megahertz of spectrum in the 800 MHz air-
ground band, which period will commence on the grant date of the first
new license in the band.
10. AirCell claims that based on its experience as an air-ground
service provider, relocation of Airfone's incumbent operations from
four to one megahertz of spectrum could be concluded in six months.
AirCell believes that Airfone's ground stations could be remotely
retuned to operate on one megahertz in the band. According to Airfone,
however, the software controlling each of its ground stations must be
modified, tested, and deployed on-site, and each location needs to be
evaluated for the possible installation of customized emission filters.
AirCell assumes that moving Airfone's narrowband operations to one
megahertz in the band would not require modification of end user
equipment. Airfone's service, however, is installed on over 3,000
general aviation, military, and Federal Government aircraft that cannot
be remotely contacted for reprogramming and therefore would require a
maintenance visit. In view of the foregoing, we find that there is no
basis in the record to shorten the two-year transition period.
11. AirCell also argues that the possibility that it could
construct an air-ground system and begin to provide broadband service
shortly after obtaining a license in the band warrants reducing the
transition period to six months. Even if a new entrant could launch
broadband service within a few months of obtaining a license in the
band, the transition of Airfone's system to one megahertz in the band
may be far more complex than envisioned by AirCell. In establishing the
two-year transition period, the Commission carefully balanced the goal
in this proceeding of enabling new entrants to deploy innovative
wireless services to the flying public in the near future with the need
for an orderly transition of Airfone's legacy narrowband system. We
find no basis in the record to revisit the reasonableness of the
decision reached in the Report and Order in weighing these competing
public interest objectives.
12. We also reject AirCell's assertion that the two-year transition
period would somehow act as a perverse bidding credit for Airfone by
allowing the company to bid on a ten-year license, while other auction
participants would be bidding on licenses with an effective eight-year
term. Even if Airfone were to obtain a new 3 MHz air-ground license,
the company would have to move its incumbent narrowband operations from
four to one megahertz of spectrum in the band before it could commence
broadband operations. Moreover, if Airfone were to obtain either of the
non-exclusive 3 MHz licenses comprising band plan 1, it and the other
non-exclusive 3 MHz licensee would both have to wait the same interlude
(the period it takes Airfone to move its incumbent operations) to
commence service. Accordingly, we deny AirCell's request to reduce the
transition period.
13. Lastly, we note that AirCell has more recently urged the
Commission to shorten the transition period to one year rather than six
months. For all of the foregoing reasons, we also deny AirCell's
request to reduce the transition period to one year.
14. AirCell also argues that grant of the five-year license to
Verizon Airfone is antithetical to the Commission's goal in this
proceeding to promote competition in the 800 MHz air-ground band. To
the contrary, the Commission granted Airfone a nonrenewable five-year
license, rather than a renewable ten-year license, in order to promote
the introduction of competition and new services in the 800 MHz air-
ground band.
15. AirCell claims that if Airfone were to obtain an exclusive 3
MHz license, the winner of the corresponding 1 MHz license could be
prevented from commencing operations until the end of
[[Page 76413]]
the five-year license term. The Commission recognized this possibility
in the Report and Order and noted that the holder of a 1 MHz license
might have to share spectrum with Airfone's incumbent system until the
end of the company's five-year license term.
16. AirCell also argues that we should shorten the term of
Airfone's license because, if band plan 1 is implemented (i.e., two
overlapping 3 MHz licenses), the licensees would have to overlap their
systems 100 percent while the incumbent system operates in one
megahertz of the band. AirCell claims that, with 100 percent spectrum
overlap, isolation between two 3 MHz networks would be degraded and the
licensees would have to extensively coordinate site locations. The
Commission granted Airfone a five-year license term (which commenced on
May 13, 2005), rather than a ten-year license term, to promote the
introduction of new services in the 800 MHz air-ground band. The
possibility that full spectrum sharing--during the period from when
Airfone transitions to one megahertz in the band and the end of
Airfone's license term--may not be optimal does not cause us to
reconsider this decision. We therefore reject AirCell's request to
shorten the license term.
17. AirCell states that, in order to help ensure that Airfone will
timely conclude the transition of its incumbent narrowband operations
from four to one megahertz of the 800 MHz air-ground band, we should
establish milestones or benchmarks that Airfone must meet during the
transition period and that we should require the company to regularly
file reports regarding the status of the transition process. The
process of transitioning Airfone's incumbent system and its general
aviation subscribers to operate on one megahertz of the band will be
more complex than envisioned by AirCell. We therefore conclude that
imposing transition benchmarks or milestones that Airfone would have to
meet by target dates would be impracticable and potentially burdensome.
18. We agree with AirCell that we should require Airfone to file
regular transition status reports. We find that such reports will serve
the public interest by enabling the Commission to closely monitor the
transition of Airfone's narrowband system and to ensure that the
transition is timely effected. We hereby delegate authority to the
Commission's Wireless Telecommunications Bureau to adopt specific
reporting requirements and direct it to issue a Public Notice
enumerating such requirements within 60 calendar days of the adoption
of this Order on Reconsideration. We envision that each report will
provide specific details regarding the status of Airfone's transition
of its base stations and its subscribers' aircraft so that they may
operate on one megahertz of the 800 MHz air-ground band. At a minimum,
each report should provide the number and percentage of each type of
aircraft (commercial, general aviation, and government) and base
stations that have been transitioned to operate in the one megahertz
portion of the band. Airfone must file its initial transition status
report with the Commission six months from the date of the grant of any
new license in the band and at each of the three six-month intervals
thereafter. Airfone is not required to submit any classified
information regarding government aircraft in its reports.
19. In addition, if Verizon Airfone, or one of its affiliates, wins
an exclusive 3 MHz license at auction, it shall include in each status
report--and file additional reports at six-month intervals from the
conclusion of the two-year transition period until the expiration of
its five-year nonrenewable license--information regarding the
transition of its existing subscribers from its narrowband system to a
broadband system. We hereby delegate authority to the Commission's
Wireless Telecommunications Bureau to adopt specific reporting
requirements and direct it to issue a Public Notice enumerating such
requirements within 60 calendar days of the grant of an exclusive 3 MHz
license to Airfone. At a minimum, Airfone must specify the number and
percentage of each type of aircraft (commercial, general aviation, and
government) and base stations that have been configured to operate in
the three megahertz portion of the band. The report must also delineate
which aircraft have been transitioned from Airfone's 4 MHz narrowband
system directly to a 3 MHz broadband system, and which aircraft have
been transitioned from the 4 MHz narrowband system to a 1 MHz
narrowband system and then to a 3 MHz broadband system. Airfone is not
required to submit any classified information regarding government
aircraft in its reports.
Ordering Clauses
20. Pursuant to the authority contained in sections 1, 4(i), 11,
303(r) and (y), 308, 309, and 332 of the Communications Act of 1934, as
amended, 47 U.S.C. 151, 154(i), 161, 303(r), 303(y), 308, 309, and 332,
this Order on Reconsideration and Report and Order is hereby Adopted.
21. Pursuant to sections 1, 4(i), and 4(j) of the Communications
Act of 1934, as amended, 47 U.S.C. 151, 154(i), and 154(j), and section
1.429 of the Commission's rules, 47 CFR 1.429, that the Petition for
Clarification and Reconsideration, filed by Space Data Corporation on
May 13, 2005, Is granted in part and denied in part, to the extent
indicated herein.
22. Pursuant to sections 1, 4(i), and 4(j) of the Communications
Act of 1934, as amended, 47 U.S.C. 151, 154(i), and 154(j), and section
1.429 of the Commission's rules, 47 CFR 1.429, that the Petition for
Partial Reconsideration, filed by AirCell, Inc. on May 13, 2005, Is
denied.
23. Pursuant to sections 1, 4(i), and 4(j) of the Communications
Act of 1934, as amended, 47 U.S.C. 151, 154(i), and 154(j), and
sections 0.201 and 0.331 of the Commission's rules, 47 CFR 0.201 and
0.331, that the Wireless Telecommunications Bureau shall, within 60
calendar days of the date of the adoption of this order, issue a Public
Notice that specifies the reporting requirements imposed on Verizon
Airfone pursuant to paragraph 21 of the Order on Reconsideration.
24. Pursuant to sections 1, 4(i), and 4(j) of the Communications
Act of 1934, as amended, 47 U.S.C. 151, 154(i), and 154(j), and
sections 0.201 and 0.331 of the Commission's rules, 47 CFR 0.201 and
0.331, that in the event an exclusive 3 MHz license is granted to
Verizon Airfone, or an affiliate of Verizon Airfone, the Wireless
Telecommunications Bureau shall, within 60 calendar days of the grant
thereof, issue a Public Notice that specifies the reporting
requirements imposed on Verizon Airfone pursuant to paragraph 22 of the
Order on Reconsideration.
25. Pursuant to sections 4(i), 303(c), 303(r), and 309(j) of the
Communications Act of 1934, as amended, 47 U.S.C. 154(i), 303(c),
303(r) and 309(j), that part 22 of the Commission's rules Are amended
as specified in Appendix B of the Report and Order, effective 60 days
after publication in the Federal Register.
26. The Commission's Consumer and Governmental Affairs Bureau,
Reference Information Center, Shall send a copy of the Order on
Reconsideration and Report and Order, including the Final Regulatory
Flexibility Analysis, to the Chief Counsel for Advocacy of the Small
Business Administration.
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Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 05-24485 Filed 12-23-05; 8:45 am]
BILLING CODE 6712-01-P
