[Federal Register: April 27, 2004 (Volume 69, Number 81)]
[Rules and Regulations]
[Page 22732-22733]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27ap04-4]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 77
[Docket No. FAA-2004-16982; Notice No. 04-03]
Colo Void Clause Coalition; Antenna Systems Co-Location;
Voluntary Best Practices
AGENCY: Federal Aviation Administration (FAA); DOT.
ACTION: Statement of policy and disposition of comments.
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SUMMARY: The FAA is revising its policy about the co-location of
antenna systems on structures previously studied by the FAA. Under
certain circumstances, the FAA will not require a person to file notice
for an aeronautical study to add frequencies to an existing structure
that has a current and valid No Hazard Determination on file with the
FAA. On December 23, 2003, the Colo Void Clause Coalition (CVCC) wrote
to Marion C. Blakey, FAA Administrator, and forwarded a Voluntary Best
Practices Agreement Regarding the Potential for Electromagnetic
Interference Upon FAA Facilities. The FAA finds that it can amend its
policy to accommodate certain issues raised by the CVCC's Best
Practices Agreement.
DATES: This policy is effective April 27, 2004.
FOR FURTHER INFORMATION CONTACT: Ren[eacute] J. Balanga, Office of
Spectrum Policy and Management, ASR-100, Federal Aviation
Administration, 800 Independence Ave., SW., Washington, DC 20591,
Telephone (202) 267-3819 or (202) 267-8534.
SUPPLEMENTARY INFORMATION:
Availability of Documents
You can get an electronic copy of this Notice using the Internet
by:
(1) Searching the Department of Transportation's electronic Docket
Management System (DMS) Web page (http://dms.dot.gov/search); or (2) Visiting the Office of Rulemaking's Web page at http://
http://www.faa.gov/avr/arm/index.cfm; or
(3) Accessing the Government Printing Office's Web page at http://www.access.gpo.gov/su_docs/aces/aces140.html
.
You can also get a copy by sending a request to the Federal
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence
Avenue, SW., Washington, DC 20591, or by calling (202) 267-9680. Make
sure to identify the Notice number or docket number of this document.
Anyone is able to search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review DOT's
complete Privacy Act statement in the Federal Register published on
April 11, 2000 (Volume 65, Number 70; Pages 19477-78) or you may visit
http://dms.dot.gov.
Definitions
1. Colo(cation) Void Clause Coalition (CVCC)
The CVCC is a coalition of wireless cellular phone and Personal
Communication Services (PCS) service providers, tower companies, and
trade associations, including the Personal Communications Industry
Association (PCIA) and the Cellular Telecommunications and Internet
Association (CTIA). According to the CVCC, its members currently own or
manage most of the radio towers throughout the United States. Major
wireless service providers and tower companies primarily make up the
coalition, but other wireless service providers in the cellular phone
and PCS industries, as well as tower companies, are represented by the
CVCC through membership with PCIA and CTIA.
2. ``Frequency-Only'' Notice Requirements
When the FAA issues a Determination of No Hazard for proposed
construction or alteration of an antenna structure, the Determination
includes the following condition: ``This determination is based, in
part, on the foregoing description which includes specific coordinates,
heights, frequency(ies) and power. Any changes in coordinates, heights,
frequency(ies) or use of greater power will void this determination.
Any future construction or alteration, including the increase in
heights, power, or the addition of other transmitters requires separate
notice to the FAA.'' As a result of this condition, a proponent seeking
to only add frequencies to a previously studied structure for which the
FAA has issued a Determination of No Hazard must file notice with the
FAA. They must file the notice on FAA Form 7460-1, in accordance with
the previously discussed condition.
3. Electromagnetic Interference (EMI)
Electromagnetic interference (EMI) is defined as any
electromagnetic disturbance that interrupts, obstructs, or otherwise
degrades or limits the effective performance of electronics/electrical
equipment. It can be induced intentionally, as in some forms of
electronic warfare, or unintentionally, as a result of spurious
emissions and responses, intermodulation products, and the like. EMI is
also referred to as radio frequency interference (RFI).
Background
Under title 14 of the Code of Federal Regulations (14 CFR) part 77,
the FAA requires notice for certain proposed construction and
alteration of structures that may affect the safe and efficient use of
the navigable airspace. The FAA studies these proposals and determines
whether they would cause harmful EMI. If the proposal would cause
harmful EMI, it would constitute a hazard to air navigation. Under
title 49 of the United States Code (U.S.C.) sections 40103 and 40113,
the FAA may also study proposed antenna systems that may result in
interference to air navigation, radio communication, or surveillance
facilities or equipment. These studies include the frequencies and the
mounting locations of Federal Communications Commission (FCC) regulated
transmitters for certain wireless services authorized under 47 CFR
parts 1 (Practice and Procedure), 22 (Public Mobile Services), 24
(Personal Communications Services), 90 (Private Land Mobile Radio
Services), and 101 (Fixed Microwave Services).
If a person seeks to add frequency(ies) that might involve co-
locating antenna systems on an existing structure for which the FAA
issued a Determination of No Hazard to Air Navigation, the person must
file a notice with the FAA (Frequency-only notice requirement).
Recently, the FAA evaluated submissions from the CVCC about the
FAA's EMI evaluation process and procedures under 14 CFR part 77 and
FAA Order 7400.2, Procedures for Handling Airspace Matters. In
particular, the CVCC voiced concerns about the ``requirement'' to file
notice with the FAA to add frequency-only proposals to the original
structure. The CVCC proposed that the FAA grant
[[Page 22733]]
waivers from the requirement to file notice in specified frequency
bands.
On December 23, 2003, the CVCC wrote to Marion C. Blakey, FAA
Administrator, and forwarded a Voluntary Best Practices Agreement
Regarding the Potential for Electromagnetic Interference Upon FAA
Facilities (Best Practices Agreement (BPA)). The BPA outlined a
proposed solution to the frequency-only notice requirement. Under the
BPA, the CVCC proposed that its members not be required to provide
notification to the FAA when only adding certain specific frequencies
to a structure located beyond one nautical-mile radius from any
existing FAA facility. Also, the BPA stated that the CVCC would work
closely with the FAA in mitigating any EMI resulting from these
frequencies that could compromise safe flight.
Research from prior FAA case studies of co-located antenna systems
and engineering evaluations showed minimal EMI effects on FAA
facilities from wireless services propagating on several frequency
bands. The few cases where EMI existed and was determined to be
hazardous to flight safety were during extensive equipment failures
from the wireless service provider, and not from the equipment when
operating within normal specifications.
Comments
On February 3, 2004, the FAA published a Notice of availability and
request for comments on the CVCC letter dated December 23, 2003, and
the accompanying Best Practices Agreement (69 FR 5101). The FAA did not
receive any comments or additional information within the comment
period.
Policy Change
The FAA recognizes the telecommunications industry's need and
commitment to provide wireless services to the public. Also, the FAA
recognizes that it is essential for these companies to speed up their
time frame for build-out and deployment of their networks. However, the
FAA's first commitment is to aviation safety. Thus, the FAA finds that
it can amend its policy to accommodate certain issues raised by the
CVCC's Best Practices Agreement. Notwithstanding this new policy, the
requirements under 14 CFR part 77 about notice to the FAA of proposed
construction or alteration of man-made structures under existing FAA
policy and regulations are not altered or modified. If the addition of
frequencies, under this policy, to a previously studied structure
increases the height of that structure, notice must be filed with the
FAA under 14 CFR 77.13. Physical structures located on or near public
use landing facilities raise concerns about possible obstruction to
aircraft, and the FAA will handle these issues pursuant to current
regulations and procedures.
Under the new policy, a proponent will not be required to file
notice with the FAA for an aeronautical study to add frequencies to an
existing structure that has a current No Hazard Determination on file
with the FAA. If an additional antenna system must be used to add
frequencies, the antenna system must not be located on Federal or
Public Use Landing Facilities property. Also, the antenna system must
not be co-located or mounted on an FAA antenna structure without prior
coordination with the FAA's Office of Spectrum Policy and Management.
This policy only applies to antenna systems operating on the
following frequencies and service types, as dictated by various parts
of 47 CFR,
806--821 MHz and 851--866 MHz (Industrial/
Business/Specialized Mobile Radio Pool--Part 90)
821--824 MHz and 866-869 MHz (Public Safety
Mobile Radio Pool `` Part 90)
816--820 MHz and 861--865 MHz (Basic Exchange
Telephone Radio--Parts 1 and 22)
824--849 MHz and 869--894 MHz (Cellular
Radiotelephone--Parts 1 and 22)
849--851 MHz and 894--896 MHz (Air-Ground
Radiotelephone--Parts 1 and 22)
896--901 MHz and 935--940 MHz (900 MHz SMR--Part
90)
901--902 MHz and 930--931 MHz (Narrowband PCS--
Part 24)
929--930 MHz, 931--932 MHz, and 940--941 MHz
(Paging--Parts 1, 22, and 90)
1850--1990 MHz (Broadband PCS--Part 24, Point-
to-Point Microwave--Part 101)
2305--2320 MHz and 2345--2360 MHz (Wireless
Communications Service (WCS--Part 27);
In addition, the following conditions also apply: (1) The proponent
must provide the FAA Regional Spectrum Offices with an electronic copy
of its antenna system location databases quarterly or as specified in a
Letter of Agreement with the FAA Regional Spectrum Offices. (2) If an
antenna system, operating in the designated frequency bands, causes EMI
to one or more FAA facilities, the FAA will contact the proponent. The
proponent must mitigate the EMI in a timely manner, as recommended by
the FAA in each particular case. Depending on the severity of the
interference, the proponent must eliminate harmful EMI either by
adjusting operating parameters (for example, employing extra filtering
or reducing effective radiated power), or by ceasing transmissions, as
may be required by the FCC and the FAA. Failure to provide successful
EMI mitigation techniques will result in referral to the FCC's
Enforcement Bureau for possible enforcement action. (3) This policy
only applies to current technologies and modulation techniques (analog,
TDMA, GSM, etc.) existing in the wireless radiotelephone environment on
the date of issuance of this policy. Any future technologies placed
into commercial service by wireless service providers, although
operating on the frequencies mentioned above, must either coordinate
the new technology with the FAA's Office of Spectrum Policy and
Management or must provide notification to the FAA under 14 CFR part 77
procedures.
The FAA will revise the conditional language in future cases
involving Determinations of No Hazard to reflect this policy.
Furthermore, this policy applies retroactively to any structure for
which the FAA has issued a Determination of No Hazard.
Issued in Washington, DC, on April 21, 2004.
Marion C. Blakey,
Administrator.
[FR Doc. 04-9513 Filed 4-26-04; 8:45 am]
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