Promoting Aviation Safety, 31542-31559 [2019-12980]
Download as PDF
31542
Federal Register / Vol. 84, No. 127 / Tuesday, July 2, 2019 / Proposed Rules
This document and the technical
support document (TSD) that is a part
of this docket describes the EPA’s
rational to approve the state’s
submissions.
III. Have the requirements for approval
of a SIP revision been met?
The state submission has met the
public notice requirements for SIP
submissions in accordance with 40 CFR
51.102. The submission also satisfied
the completeness criteria of 40 CFR part
51, appendix V. The state provided
public notice of the revisions from June
15, 2018, to September 6, 2018, and
held a public hearing on August 30,
2018. The State received and addressed
one comment. The comment was from
the EPA and was general in nature. No
changes were made to the proposal to
rescind the rules in response to the
EPA’s comment. As explained in more
detail in the TSD which is part of this
docket, the SIP revision submission
meets the substantive requirements of
the CAA, including section 110 and
implementing regulations.
khammond on DSKBBV9HB2PROD with PROPOSALS
IV. What action is the EPA taking?
The EPA is proposing to amend the
Missouri SIP by rescinding 10 CSR 10–
5.120 Information on Sales of Fuels to
be Provided and Maintained and 10 CSR
10–5.130 Certain Coals to be Washed.
Approval of these revisions will
ensure consistency between state and
federally-approved rules. These
rescissions will not impact air quality
since the rules do not effectively limit
emissions or the amount of fuel that can
be burned and do not function to
achieve attainment or maintenance of
the National Ambient Air Quality
Standards (NAAQS).
The EPA is processing this as a
proposed action because we are
soliciting comments on the action. Final
rulemaking will occur after
consideration of any comments.
V. Incorporation by Reference
In this document, the EPA is
proposing to amend regulatory text that
includes incorporation by reference. As
described in the proposed amendments
to 40 CFR part 52 set forth below, the
EPA is proposing to remove provisions
of the EPA-Approved Missouri
Regulations from the Missouri State
Implementation Plan, which is
incorporated by reference in accordance
with the requirements of 1 CFR part 51.
The EPA has made, and will continue
to make the State Implementation Plan
generally available through
www.regulations.gov and at the EPA
Region 7 Office (please contact the
person identified in the ‘‘For Further
VerDate Sep<11>2014
16:06 Jul 01, 2019
Jkt 247001
Information Contact’’ section of this
preamble for more information).
VI. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves state law as meeting
Federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
action because SIP approvals are
exempted under Executive Order 12866.
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of the
National Technology Transfer and
Advancement Act (NTTA) because this
rulemaking does not involve technical
standards; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
The SIP is not approved to apply on
any Indian reservation land or in any
other area where the EPA or an Indian
PO 00000
Frm 00025
Fmt 4702
Sfmt 4702
tribe has demonstrated that a tribe has
jurisdiction. In those areas of Indian
country, the rule does not have tribal
implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Certain coals to be
washed, Incorporation by reference,
Information on fuel sales, Particulate
matter, Rescission, Sulfur dioxide.
Dated: June 18, 2019.
James Gulliford,
Regional Administrator, Region 7.
For the reasons stated in the
preamble, the EPA proposes to amend
40 CFR part 52 as set forth below:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart AA—Missouri
2. In § 52.1320, the table in paragraph
(c) is amended by removing entries ‘‘10–
5.120’’ and ‘‘10–5.130’’ under the
heading ‘‘Chapter 5— Air Quality
Standards and Air Pollution Control
Regulations for the St. Louis
Metropolitan Area’’.
■
[FR Doc. 2019–13372 Filed 7–1–19; 8:45 am]
BILLING CODE 6560–50–P
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
Federal Communications
Commission.
ACTION: Proposed rule.
AGENCY:
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.
SUMMARY:
E:\FR\FM\02JYP1.SGM
02JYP1
Federal Register / Vol. 84, No. 127 / Tuesday, July 2, 2019 / Proposed Rules
You may submit comments,
identified by WT Docket No. 19–140, by
any of the following methods:
• Federal Communications
Commission’s Website: https://
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: FCC504@fcc.gov
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, Jeff.Tobias@FCC.gov,
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
fcc504@fcc.gov 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 fcc504@fcc.gov 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.
ADDRESSES:
khammond on DSKBBV9HB2PROD with PROPOSALS
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
VerDate Sep<11>2014
16:06 Jul 01, 2019
Jkt 247001
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
5. The frequencies in the 92–95.5 GHz
range are allocated for Federal and nonFederal use on a shared basis, and they
mainly consist of shared co-primary
allocations.3 In addition, Footnote
frequencies between 30 GHz and 300 GHz.
Commission’s rules currently authorize no
aircraft station operations above 33.4 GHz.
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
PO 00000
1 I.e.,
2 The
Frm 00026
Fmt 4702
Sfmt 4702
31543
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
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
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 halfminute 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.
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 lowlight level image intensification. An EFVS includes
E:\FR\FM\02JYP1.SGM
Continued
02JYP1
khammond on DSKBBV9HB2PROD with PROPOSALS
31544
Federal Register / Vol. 84, No. 127 / Tuesday, July 2, 2019 / Proposed Rules
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.
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
the display element, sensors, computers and power
supplies, indications, and controls.’’
VerDate Sep<11>2014
16:06 Jul 01, 2019
Jkt 247001
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
PO 00000
Frm 00027
Fmt 4702
Sfmt 4702
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.
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
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.
11 Ground-Based Augmentation Systems stations
are ground-based differential Global Positioning
System transmitters.
E:\FR\FM\02JYP1.SGM
02JYP1
Federal Register / Vol. 84, No. 127 / Tuesday, July 2, 2019 / Proposed Rules
khammond on DSKBBV9HB2PROD with PROPOSALS
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.
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.
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
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.’’
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).’’
VerDate Sep<11>2014
16:06 Jul 01, 2019
Jkt 247001
electronic aid to navigation in the 960–
1215 MHz band.
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
PO 00000
Frm 00028
Fmt 4702
Sfmt 4702
31545
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.
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
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.
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
E:\FR\FM\02JYP1.SGM
Continued
02JYP1
31546
Federal Register / Vol. 84, No. 127 / Tuesday, July 2, 2019 / Proposed Rules
khammond on DSKBBV9HB2PROD with PROPOSALS
adopted the requirement, and it sees no
reason now to apply it to the owner or
operator of a private airfield or helipad.
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.
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
facilities. The Commission’s rules regarding unicom
stations do not distinguish between public-use and
private airports.
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.
VerDate Sep<11>2014
16:06 Jul 01, 2019
Jkt 247001
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
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.
PO 00000
Frm 00029
Fmt 4702
Sfmt 4702
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.
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
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.
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.
E:\FR\FM\02JYP1.SGM
02JYP1
Federal Register / Vol. 84, No. 127 / Tuesday, July 2, 2019 / Proposed Rules
khammond on DSKBBV9HB2PROD with PROPOSALS
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.
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
27. The Commission allocated the
5091–5150 MHz band for Federal and
non-Federal AeroMACS use on a coprimary basis in 201526 and it allocated
the 5000–5030 MHz band for such use
in 2017,27 but it has not yet established
25 Some foreign airlines already use AeroMACS
equipment onboard.
26 The 5091–5150 MHz band is allocated on a coprimary 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 coprimary basis to the Aeronautical Mobile (Route)
(limited to AeroMACS), Aeronautical Mobile-
VerDate Sep<11>2014
16:06 Jul 01, 2019
Jkt 247001
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
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. 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
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.
29 The Wireless Telecommunications Bureau
sought comment on the WiMAX Forum Petition on
July 19, 2017.
PO 00000
Frm 00030
Fmt 4702
Sfmt 4702
31547
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 safetyrelated 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
E:\FR\FM\02JYP1.SGM
02JYP1
31548
Federal Register / Vol. 84, No. 127 / Tuesday, July 2, 2019 / Proposed Rules
khammond on DSKBBV9HB2PROD with PROPOSALS
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 nonFederal 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 nonFederal 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 nonFederal 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
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.
VerDate Sep<11>2014
16:06 Jul 01, 2019
Jkt 247001
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.
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
PO 00000
Frm 00031
Fmt 4702
Sfmt 4702
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 fixedsatellite 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.
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
31 Globalstar operates a mobile satellite service
system in the 1610–1618.725 MHz and 2483.5–2500
MHz bands.
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.
E:\FR\FM\02JYP1.SGM
02JYP1
Federal Register / Vol. 84, No. 127 / Tuesday, July 2, 2019 / Proposed Rules
khammond on DSKBBV9HB2PROD with PROPOSALS
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.
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 InternationalNorth 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.
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
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.
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).
VerDate Sep<11>2014
16:06 Jul 01, 2019
Jkt 247001
31549
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.
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.
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
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.’’
PO 00000
Frm 00032
Fmt 4702
Sfmt 4702
E:\FR\FM\02JYP1.SGM
02JYP1
khammond on DSKBBV9HB2PROD with PROPOSALS
31550
Federal Register / Vol. 84, No. 127 / Tuesday, July 2, 2019 / Proposed Rules
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 alreadypermitted 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).
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
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.’’
VerDate Sep<11>2014
16:06 Jul 01, 2019
Jkt 247001
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
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
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.
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
PO 00000
Frm 00033
Fmt 4702
Sfmt 4702
on this data we estimate that at least
49,316 local government jurisdictions
fall in the category of ‘‘small
governmental jurisdictions.’’
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
with the other types of local governments the
majority of the 38,266 special district governments
have populations of less than 50,000.
E:\FR\FM\02JYP1.SGM
02JYP1
khammond on DSKBBV9HB2PROD with PROPOSALS
Federal Register / Vol. 84, No. 127 / Tuesday, July 2, 2019 / Proposed Rules
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
VerDate Sep<11>2014
16:06 Jul 01, 2019
Jkt 247001
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,
PO 00000
Frm 00034
Fmt 4702
Sfmt 4702
31551
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
E:\FR\FM\02JYP1.SGM
02JYP1
khammond on DSKBBV9HB2PROD with PROPOSALS
31552
Federal Register / Vol. 84, No. 127 / Tuesday, July 2, 2019 / Proposed Rules
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
VerDate Sep<11>2014
16:06 Jul 01, 2019
Jkt 247001
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
PO 00000
Frm 00035
Fmt 4702
Sfmt 4702
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
§§ 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: https://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 messengerdelivered 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 fcc504@fcc.gov
E:\FR\FM\02JYP1.SGM
02JYP1
31553
Federal Register / Vol. 84, No. 127 / Tuesday, July 2, 2019 / Proposed Rules
khammond on DSKBBV9HB2PROD with PROPOSALS
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 jeff.tobias@fcc.gov.
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
VerDate Sep<11>2014
16:06 Jul 01, 2019
Jkt 247001
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 abovecaptioned 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.
Communications equipment,
Reporting and recordkeeping
requirements.
Fmt 4702
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
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.
2. Section 2.106, the Table of
Frequency Allocations, is amended by
revising page 63 to read as follows:
47 CFR Part 2
Frm 00036
Air transportation, Communications
equipment, Radio.
■
List of Subjects
PO 00000
47 CFR Part 87
Sfmt 4702
§ 2.106
*
Table of Frequency Allocations.
*
*
*
BILLING CODE 6712–01–P
E:\FR\FM\02JYP1.SGM
02JYP1
*
khammond on DSKBBV9HB2PROD with PROPOSALS
86-130 GHz (EHF)
Region 1 Table
86-92
EARTH EXPLORATION-SATELLITE (passive)
RADIO ASTRONOMY
SPACE RESEARCH (passive)
I Region 3 Table
Page 63
United States Table
Non-Federal Table
FCC Rule Part(s)
Federal Table
86-92
EARTH EXPLORATION-SATELLITE (passive)
RADIO ASTRONOMY US7 4
SPACE RESEARCH (passive)
Jkt 247001
PO 00000
Frm 00037
Fmt 4702
Sfmt 4725
E:\FR\FM\02JYP1.SGM
02JYP1
5.340
92-94
FIXED 5.338A
MOBILE
RADIO ASTRONOMY
RADIOLOCATION
US246
92-94
FIXED
MOBILE
RADIO ASTRONOMY
RADIOLOCATION
RADIONAVIGATION
5.149
94-94.1
EARTH EXPLORATION-SATELLITE (active)
RADIOLOCATION
SPACE RESEARCH (active)
Radio astronomy
US161 US342
94-94.1
EARTH EXPLORATION-SATELLITE
(active)
RADIOLOCATION
RADIONAVIGATION
SPACE RESEARCH (active)
Radio astnonomy
5.562 5.562A
94.1-95
FIXED
MOBILE
RADIO ASTRONOMY
RADIOLOCATION
5.562 5.562A
94.1-95
FIXED
MOBILE
RADIO ASTRONOMY
RADIOLOCATION
RADIONAVIGATION
5.149
95-100
FIXED
MOBILE
RADIO ASTRONOMY
RADIOLOCATION
RADIONAVIGATION
RADIONAVIGATION-SATELLITE
US161 US342
95-100
FIXED
MOBILE
RADIO ASTRONOMY
RADIOLOCATION
RADIONAVIGATION
RADIONAVIGATION-SATELLITE
5.149 5.554
100-102
EARTH EXPLORATION-SATELLITE (passive)
RADIO ASTRONOMY
SPACE RESEARCH (passive)
5.554 US342
100-102
EARTH EXPLORATION-SATELLITE (passive)
RADIO ASTRONOMY US7 4
SPACE RESEARCH (passive)
5.340 5.341
102-105
FIXED
MOBILE
RADIO ASTRONOMY
5.341 US246
102-105
FIXED
MOBILE
RADIO ASTRONOMY
5.149 5.341
5.341 US342
RF Devices (15)
Aviation (87)
Fixed Microwave (101)
94-94.1
RADIOLOCATION
RADIONAVIGATION
Radio astronomy
RF Devices (15)
Aviation (87)
5.562A
RF Devices (15)
Aviation (87)
Fixed Microwave (101)
Aviation (87)
Federal Register / Vol. 84, No. 127 / Tuesday, July 2, 2019 / Proposed Rules
16:06 Jul 01, 2019
International Table
I Region 2 Table
31554
VerDate Sep<11>2014
EP02JY19.000
Table of Frequency Allocations
31555
Federal Register / Vol. 84, No. 127 / Tuesday, July 2, 2019 / Proposed Rules
BILLING CODE 6712–01–C
*
*
*
*
*
PART 87—AVIATION SERVICES
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.
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:
■
§ 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.
*
*
*
*
*
Frequency band/
frequency
( MHz)
Class of station
ADS–B UAT ...........................................
ADS–B ...................................................
*
978
1090
*
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 ServicesBroadcast (TIS–B).
*
*
*
*
*
■ 5. Section 87.107 is amended by
revising paragraph (d) to read as
follows:
§ 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 radionavigation land test station (MTF),
automatically controlled aeronautical
enroute stations, and enhanced flight
vision systems.
■ 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:
§ 87.131
Power and emissions.
Authorized emission(s) 9
Maximum power 1
F1D ........................................................
M1D .......................................................
*
*
Various.11
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.
*
*
*
*
*
*
*
7. Section 87.133 is amended by
adding paragraph (h) to read as follows:
■
§ 87.133
Frequency stability.
khammond on DSKBBV9HB2PROD with PROPOSALS
*
*
*
*
*
(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.
■ 8. Section 87.147 is amended:
■ a. By revising the introductory text of
paragraph (d); and
■ 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:
VerDate Sep<11>2014
16:06 Jul 01, 2019
Jkt 247001
§ 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
*
*
*
*
*
PO 00000
Frm 00038
Fmt 4702
Sfmt 4702
§ 87.171
[Amended]
9. Section 87.171 is amended:
a. By removing from the list of Symbol
and class of station the entry for
‘‘AVW—Audio visual warning
systems’’; and
■ 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:
■
■
§ 87.171
Class of station symbols.
Symbol and Class of Station
AX—Aeronautical fixed
ADL—Aircraft Detection Lighting
Systems
AMC—AeroMACS
E:\FR\FM\02JYP1.SGM
02JYP1
31556
Federal Register / Vol. 84, No. 127 / Tuesday, July 2, 2019 / Proposed Rules
AXO—Aeronautical operational fixed
*
*
*
*
*
■ 10. In § 87.173, amend the table in
paragraph (b) by:
■ a. Revising the entries for 121.600–
121.925 MHz, 122.700 MHz, 122.725
MHz, 122.750 MHz, 122.800 MHz,
Frequency or frequency band
khammond on DSKBBV9HB2PROD with PROPOSALS
*
121.600–121.925 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
Subpart
Class of station
*
*
b. Adding an entry for 92000–95500
MHz in numerical order.
The revisions and additions read as
follows:
■
§ 87.173
*
122.700 MHz
G, L, Q
122.725 MHz
G, L, Q
MA, FAU, MOU, ADL
122.750 MHz
F, Q
MA2, ADL
*
122.800 MHz
*
*
122.850 MHz
*
*
122.900 MHz
*
*
122.950 MHz
*
*
*
MA, FAU, MOU, ADL
*
*
*
MA, FAM, FAS, ADL
*
H, K, Q
*
F, H, L, M, Q
*
*
MA, FAR, FAM, MOU, ADL .................
G, L, Q
G, L, Q
*
MA, FAU, MOU, ADL
122.975 MHz
G, L, Q
MA, FAU, MOU, ADL
123.000 MHz
G, L, Q
MA, FAU, MOU, ADL
123.025 MHz
F, Q
MA2, ADL
123.050 MHz
G, L, Q
MA, FAU, MOU, ADL
123.075 MHz
G, L, Q
MA, FAU, MOU, ADL
*
123.300 MHz
*
*
123.500 MHz
*
*
136.000–136.475 MHz
*
*
978.000 MHz
*
*
1090 MHz
*
*
5000–5030 MHz
*
*
5091–5150 MHz
*
*
92000–95500 MHz
*
*
*
VerDate Sep<11>2014
*
*
*
*
25 kHz channel spacing.
Unicom at airports
tower; Aeronautical
Unicom at airports
tower; Aeronautical
Private fixed wing
communications.
*
with no control
utility stations.
with no control
utility stations.
aircraft air-to-air
*
*
Unicom at airports with no control
tower; Aeronautical utility stations.
*
*
*
*
*
*
Unicom at airports with control tower;
Aeronautical utility stations.
Unicom at airports with no control
tower; Aeronautical utility stations.
Unicom at airports with no control
tower; Aeronautical utility stations.
Helicopter air-to-air communications;
Air traffic control operations.
Unicom at airports with no control
tower; Aeronautical utility stations.
Unicom at airports with no control
tower; Aeronautical utility stations.
*
MA, FAS, ADL
*
*
*
*
*
MA, FAS, ADL
*
*
*
*
*
*
MA, FAC, FAE, FAW, GCO, RCO,
RPC.
*
*
Air traffic control operations; aeronautical operational communications;
25 kHz channel spacing.
*
F, L, Q
UAT .......................
Q ...........................
*
*
MA, MOU, UAT
RLT .......................................................
*
*
Universal Access Transceivers.
*
MOU, RLT
*
*
*
Vehicular Squitter; 1090ES.
*
*
*
AeroMACS.
*
*
*
*
AeroMACS.
*
*
*
*
*
Aeronautical radionavigation.
*
*
K, Q
I, O, S
*
L
*
T
AMC
*
T
AMC
*
F
MA
*
Jkt 247001
*
*
K, Q
16:06 Jul 01, 2019
*
Remarks
*
*
MA, FAC, MOU, MRT, RLT, GCO,
RCO, RPC.
MA, FAU, MOU, ADL
O, L, Q
Frequencies.
*
PO 00000
Frm 00039
Fmt 4702
Sfmt 4702
E:\FR\FM\02JYP1.SGM
*
02JYP1
*
Federal Register / Vol. 84, No. 127 / Tuesday, July 2, 2019 / Proposed Rules
*
*
*
*
*
11. Section 87.187 is amended by
adding paragraphs (ii) and (jj) to read as
follows:
■
§ 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).
■ 12. Section 87.215 is amended by
revising paragraph (c) to read as follows:
§ 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.
*
*
*
*
*
■ 13. Section 87.217 is amended by
revising paragraph (a)(1) to read as
follows:
§ 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.
*
*
*
*
*
■ 14. Section 87.263 is amended by
revising paragraph (a)(1) to read as
follows:
§ 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.
*
*
*
*
*
■ 15. Section 87.345 is amended by
revising the introductory text and
paragraph (a) to read as follows:
§ 87.345
Scope of service.
Aeronautical utility mobile stations
provide communications for vehicles
that are authorized to operate on an
ADS–B message
khammond on DSKBBV9HB2PROD with PROPOSALS
(f) The frequency 1090 MHz is
authorized for 1090ES data
transmission.
*
*
*
*
*
■ 17. Section 87.475 is amended by
adding paragraph (b)(15) and revising
VerDate Sep<11>2014
16:06 Jul 01, 2019
Jkt 247001
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.
*
*
*
*
*
■ 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:
§ 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:
Rate when moving
978 MHz:
Surface Position Message ..........................
Mode Status Message ................................
1090 MHz:
Surface Position Message (Types 5, 6, 7,
8)...
Aircraft Operational Status (Type 31) .........
Aircraft Identification and Type (Type 2) .....
Rate when stationary
Once per second .............................................
Every 4 to 5 seconds .......................................
Once per second.
Every 4 to 5 seconds.
Every 0.4 to 0.6 seconds .................................
Every 4.8 to 5.2 seconds.
Every 4.8 to 5.2 seconds .................................
Every 4.8 to 5.2 seconds .................................
Every 4.8 to 5.2 seconds.
Every 9.8 to 10.2 seconds.
paragraph (c)(2) and paragraph (d)
introductory text to read as follows:
§ 87.475
*
PO 00000
Frequencies.
*
*
(b) * * *
Frm 00040
*
Fmt 4702
*
Sfmt 4702
31557
(15) The frequency 1090 MHz is
authorized for 1090ES data
transmission.
(c) * * *
(2) The frequencies available for
assignment to radionavigation land test
E:\FR\FM\02JYP1.SGM
02JYP1
31558
Federal Register / Vol. 84, No. 127 / Tuesday, July 2, 2019 / Proposed Rules
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:
*
*
*
*
*
■ 18. Section 87.483 is amended:
■ a. By revising the section heading;
■ b. By removing the introductory text;
■ c. By revising paragraph (a);
■ d. By revising paragraph (b)
introductory text; and
■ e. By removing paragraph (b)(3).
The revisions read as follows:
khammond on DSKBBV9HB2PROD with PROPOSALS
§ 87.483 Aircraft Detection Lighting
Systems.
(a) Radiodetermination (radar)
frequencies. Frequencies authorized
under § 87.475(b)(8) of this chapter are
available for use by an ADLS. The
frequency coordination requirements in
§ 87.475(a) of this chapter apply.
(b) VHF audible warning frequencies.
Frequencies authorized under
§§ 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:
*
*
*
*
*
■ 19. Add subpart T, consisting of
§§ 87.601 through 87.606, to read as
follows:
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.
§ 87.601
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 § 87.18 of this chapter.
§ 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.
PART 87—AVIATION SERVICES
TABLE 1 TO § 87.603
Lower AeroMACS band
(5000–5030 MHz)
Channel No.
Channel center
frequency
(fc)
(MHz)
1
2
3
4
5
5005
5010
5015
5020
5025
Subpart T—AeroMACS
Sec.
87.601
87.602
Scope of service.
Licensing.
VerDate Sep<11>2014
16:06 Jul 01, 2019
Jkt 247001
PO 00000
Upper AeroMACS band
(5091–5150 MHz)
Channel No.
Channel center frequency
(MHz)
6
7
8
9
10
11
12
13
14
15
16
5095
5100
5105
5110
5115
5120
5125
5130
5135
5140
5145
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.
§ 87.602
TABLE 2 TO § 87.603
Frm 00041
Fmt 4702
Sfmt 4702
§ 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.
§ 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
E:\FR\FM\02JYP1.SGM
02JYP1
31559
Federal Register / Vol. 84, No. 127 / Tuesday, July 2, 2019 / Proposed Rules
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.
§ 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 § 87.606
Frequency band
30 MHz <
1 GHz < f
1 GHz < f
1 GHz < f
Measurement bandwidth
f < 1 GHz ...................................................................
< 12.75 GHz ..............................................................
< 12.75 GHz ..............................................................
< 12.75 GHz ..............................................................
100 kHz ......................................................................................
30 kHz if 2.5xBW < = absolute value of (fc¥f) < 10xBW .........
300 kHz if 10xBW < = absolute value of (fc¥f) < 12xBW ........
1 MHz if 12xBW < = absolute value of (fc¥f) ...........................
Maximum level
(dBm)
¥36
¥30
¥30
¥30
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 § 87.606
Frequency band
Measurement bandwidth
30 MHz < f < 1 GHz ...................................................................
1 GHz < f < 12.75 GHz ..............................................................
100 kHz ......................................................................................
1 MHz .........................................................................................
Brethren Church et al. Today’s action
extends the comment period for 15
days.
[FR Doc. 2019–12980 Filed 7–1–19; 8:45 am]
BILLING CODE 6712–01–P
The comment period on the
petition for rulemaking that published
April 30, 2019 (84 FR 18230), is
extended. To ensure our consideration
of your comments, they must be
submitted on or before July 16, 2019.
ADDRESSES: Document availability: The
petition and other materials mentioned
in this document are available on the
internet at https://www.regulations.gov
in Docket No. FWS–HQ–LE–2018–0078.
To review these materials in person,
contact the person listed under FOR
FURTHER INFORMATION CONTACT.
Comment submission: You may
submit written comments by one of the
following methods:
Electronically: Go to the Federal eRulemaking Portal: https://
www.regulations.gov. Search for FWS–
HQ–LE–2018–0078, which is the docket
number for this notice, and follow the
directions for submitting comments.
By hard copy: Submit by U.S. mail or
hand-delivery to Public Comments
Processing, Attn: FWS–HQ–LE–2018–
0078; Division of Policy, Performance,
and Management Programs; U.S. Fish
and Wildlife Service; MS: BPHC; 5275
DATES:
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Chapter I
[Docket No. FWS–HQ–LE–2018–0078;
FF09L00200–FX–LE18110900000]
Bald and Golden Eagle Protection Act
and Migratory Bird Treaty Act;
Religious Use of Feathers; Extension
of Comment Period
Fish and Wildlife Service,
Interior.
ACTION: Petition for rulemaking;
extension of the comment period.
AGENCY:
In 2018, the U.S. Fish and
Wildlife Service (Service) received a
petition for rulemaking, which asks the
Service to revise the existing rules
pertaining to the religious use of
federally protected bird feathers. The
Service published the petition in the
Federal Register for public comment
pursuant to the terms of a settlement
agreement entered into in 2016 by the
United States with McAllen Grace
khammond on DSKBBV9HB2PROD with PROPOSALS
SUMMARY:
VerDate Sep<11>2014
16:06 Jul 01, 2019
Jkt 247001
PO 00000
Frm 00042
Fmt 4702
Sfmt 4702
Maximum level
(dBm)
¥57
¥47
Leesburg Pike, Falls Church, VA 22041–
3803.
We request that you send comments
by only one of the methods described
above. We will post all information
received on https://www.regulations.gov.
This generally means that we will post
any personal information you provide
us (see the PUBLIC COMMENTS section
below for more information).
FOR FURTHER INFORMATION CONTACT:
Edward Grace, Assistant Director, U.S.
Fish and Wildlife Service, Office of Law
Enforcement, edward_grace@fws.gov,
(703) 358–1949. Individuals who are
hearing impaired or speech impaired
may call the Federal Relay Service at
800–877–8337 for TTY assistance.
SUPPLEMENTARY INFORMATION:
Background
On July 26, 2018, the Service received
a petition for rulemaking from Pastor
Robert Soto, the lead plaintiff in
McAllen Grace Brethren Church v.
Jewell, No. 7:07–cv–060 (S.D. Tex. June
3, 2016) (hereinafter ‘‘McAllen’’), and
the Becket Fund for Religious Liberty,
asking the Service to revise its existing
rules pertaining to the religious use of
federally protected bird feathers and
parts for Native Americans. The
petitioners submitted the petition
E:\FR\FM\02JYP1.SGM
02JYP1
Agencies
[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]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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.
[[Page 31543]]
ADDRESSES: You may submit comments, identified by WT Docket No. 19-140,
by any of the following methods:
Federal Communications Commission's Website: https://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\
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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
[[Page 31544]]
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.
---------------------------------------------------------------------------
\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.''
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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
[[Page 31545]]
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.
---------------------------------------------------------------------------
\11\ Ground-Based Augmentation Systems stations are ground-based
differential Global Positioning System transmitters.
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\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.''
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\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).''
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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
[[Page 31546]]
adopted the requirement, and it sees no reason now to apply it to the
owner or operator of a private airfield or helipad.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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
[[Page 31547]]
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.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\25\ Some foreign airlines already use AeroMACS equipment
onboard.
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
\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.''
---------------------------------------------------------------------------
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.''
---------------------------------------------------------------------------
\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: https://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