[Federal Register: April 13, 2005 (Volume 70, Number 70)]
[Rules and Regulations]
[Page 19293-19312]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13ap05-13]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 1, 22, and 90
[WT Docket Nos. 03-103, 05-42; FCC 04-287]
Air-Ground Telecommunications Services
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: In this document, the Federal Communications Commission
(``Commission'') revises rules governing the four megahertz of
dedicated spectrum in the 800 MHz commercial Air-Ground Radiotelephone
Service band. The Commission adopts a flexible regulatory approach to
determine the configuration of the band; adopts rules that enable
interested parties to bid on spectrum licenses according to the band
configuration that they believe will best meet their needs for the
provision of air-ground services; makes available nationwide air-ground
licenses in three configurations: band plan 1, comprised of two
overlapping, shared, cross-polarized 3 MHz licenses (licenses A and B,
respectively), band plan 2, comprised of an exclusive 3 MHz license and
an exclusive 1 MHz license (licenses C and D, respectively), and band
plan 3, comprised of an exclusive 1 MHz license and an exclusive 3 MHz
license (licenses E and F, respectively), with the blocks at opposite
ends of the band from the second configuration; and finally, the
Commission revises and eliminates certain Public Mobile Services (PMS)
rules that are no longer warranted as a result of technological change,
increased competition in Commercial Mobile Radio Services (CMRS),
supervening changes to related Commission rules, or a combination of
these factors.
DATES: Effective May 13, 2005.
FOR FURTHER INFORMATION CONTACT: Richard Arsenault, Chief Counsel,
Mobility Division, Wireless Telecommunications Bureau, at 202-418-0920
or via e-mail at Richard.Arsenault@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report
and Order portion (Report and Order) of the Commission's Report and
Order and Notice of Proposed Rulemaking, FCC 04-287, in WT Docket Nos.
03-103 and 05-42, adopted December 15, 2004, and released February 22,
2005. Contemporaneous with this document, the Commission publishes a
Notice of Proposed Rulemaking (Notice) (summarized elsewhere in this
publication). The full text of this document is available for public
inspection and copying during regular business hours at the FCC
Reference Information Center, 445 12th St., SW., Room CY-A257,
Washington, DC 20554. The complete text may be purchased from the
Commission's duplicating contractor: Best Copy & Printing, Inc., 445
12th Street, SW., Room CY-B402, Washington, DC 20554, telephone 800-
378-3160, facsimile 202-488-5563, or via e-mail at fcc@bcpiweb.com. The
full text may also be downloaded at: http://www.fcc.gov. Alternative
formats are available to persons with disabilities by contacting Brian
Millin at (202) 418-7426 or TTY (202) 418-7365 or at
Brian.Millin@fcc.gov.
Synopsis of the Report and Order
A. 800 MHz Air-Ground Radiotelephone Service
1. The Commission initiated this proceeding, inter alia, to
reexamine the 800 MHz Air-Ground Radiotelephone Service band plan and
service rules. Although the Commission initially licensed six 800 MHz
air-ground nationwide licensees, only one licensee (Verizon Airfone)
continues to provide service in the band, and our current technical
rules allow it to provide only a limited range of narrowband voice and
data services. This circumstance led us to question in the Notice of
Proposed Rulemaking in this proceeding, 68 FR 44003, July 25, 2003,
whether our existing rules were impeding the provision of
telecommunications services desired by the public onboard aircraft.
Nearly all parties commenting on these issues agree that our existing
band plan and rules have hindered the efficient, competitive provision
of air-ground services desired by the public. Based on our review of
the record in this proceeding, we find that the public interest will be
served by adopting flexible rules that will enable interested parties
to bid on licenses in three possible band configurations. Each of the
three band configurations includes at least one spectrum block that
will permit the provision of high-speed telecommunications services to
the public onboard aircraft.
2. In reexamining the current band plan and service rules, we must
address both competitive issues (i.e., how many competitors can the
spectrum and the market support) and technical
[[Page 19294]]
considerations (i.e., how much spectrum is necessary to efficiently and
effectively support a range of air-ground service offerings, including
voice and broadband applications, and the technical parameters to
minimize the potential for air-ground systems to cause interference).
We resolve these interrelated issues by adopting flexible rules to
determine the best technological configuration of the band and the
number of competitors for air-ground communications over multiple
platforms (i.e., terrestrial and satellite). We find that
reconfiguration of the 800 MHz air-ground band will facilitate
competition with satellite-based offerings in the provision of high-
speed air-ground services to commercial and other aircraft. We also
note that other spectrum is available for the provision of air-ground
communications services. Based on our review of the record developed in
this proceeding and for the reasons stated below, we conclude that a
flexible licensing approach coupled with flexible technical and
operational rules will promote the highest valued use of the 800 MHz
air-ground spectrum for the provision of air-ground services that
better meet the needs of the public.
1. Background
3. In 1990, the Commission allocated four megahertz of spectrum for
commercial Air-Ground Radiotelephone Service, authorizing operation at
849-851 MHz (ground stations) and 894-896 MHz (airborne mobile
stations). Each band was divided into ten paired channel blocks, which
are allotted to specific geographic locations (essentially a national
grid). Each channel block contains 29 narrowband (6 kHz) communications
channels and 6 very narrowband (3.2 kHz) control channels. Under the
current service rules, each licensee has an exclusive control channel,
shares all the communication channels with the other licensees in the
band, and must provide nationwide service. To promote interoperable
communications and to manage interference, some of the ground station
locations in North America and channel block assignments have been
predetermined consistent with bilateral agreements with Mexico and with
Canada. The number of communications channels limits the number of
voice calls that can be simultaneously handled in a particular area,
and the narrow bandwidth of these channels limits a service provider to
voice and low-speed data services.
4. The current 800 MHz Air-Ground Radiotelephone Service rules
contemplate six competing licensees providing voice and low-speed data
services. Six entities were originally licensed under these rules,
which required all systems to conform to detailed technical
specifications to enable shared use of the air-ground channels. Only
three of the six licensees built systems and provided service, and two
of those failed for business reasons. Only Verizon Airfone remains as
an incumbent in the band. The prescriptive command-and-control nature
of the current air-ground service rules, the regulatory requirement to
share only four megahertz of spectrum among up to six licensees, and
the limited data capacity of the narrow bandwidth (6 kHz)
communications (slow dial-up modem speed) preclude the provision of
broadband services to the public onboard aircraft.
2. Market for Air-Ground Wireless Communications Services
5. There is substantial and rapidly growing consumer, airline, and
service provider interest in access to high-speed Internet and other
wireless services onboard aircraft. Market research suggests that many
frequent flyers are willing to pay for high-speed access to the
Internet and their corporate network.
3. Reconfiguration of the 800 MHz Air-Ground Radiotelephone Service
Band
a. Available Air-Ground Band Plans
6. We have reviewed the extensive record in this proceeding and
conclude that the public interest will be served by adopting a flexible
framework that will enable interested parties to bid on spectrum
licenses according to the band configuration that they believe will
best meet their needs for the provision of air-ground services.
Interested parties may bid on spectrum licenses in any of the following
three band plans, including two overlapping, shared, cross-polarized
spectrum licenses (band plan 1) as advocated by AirCell, Inc. and the
Boeing Company and exclusive spectrum licenses (band plans 2 and 3) as
proposed by Space Data Corporation and Verizon Airfone. Licenses will
have a ten-year term.
Band plan 1--two overlapping, shared, cross-polarized 3 MHz
licenses (licenses A and B, respectively).
Band plan 2--an exclusive 3 MHz license and an exclusive 1 MHz
license (licenses C and D, respectively).
Band plan 3--an exclusive 1 MHz license and an exclusive 3 MHz
license (licenses E and F, respectively), with the blocks at opposite
ends of the band from the second configuration.
7. The Commission will award licenses to winning bidders for the
licenses comprising the band plan that receives the highest aggregate
gross bid, subject to long-form license application review. In order to
further competition and ensure maximum use of this frequency band for
air-ground services, no party will be eligible to hold more than one of
the spectrum licenses being made available.
8. We believe this flexible approach to configuration of the band
will promote our goal in this proceeding of facilitating the highest
valued use of this scarce spectrum resource, resulting in the provision
of wireless communications services that better meet the needs of the
traveling public onboard aircraft. We also further our strategic
objective to encourage the growth and rapid deployment of innovative
and efficient communications technologies and services by adopting
rules that will permit licensees to deploy any current or future
technology with an occupied bandwidth that fits within its assigned
spectrum and to provide any kind of air-ground service to any type of
aircraft. As explained below, we also provide a transition period for
the incumbent system currently operated by Verizon Airfone.
9. Future licensees in the 800 MHz air-ground band, as well as
other interested parties, will have the opportunity to engage in
spectrum leasing under our rules. Future licensees will also be
permitted to engage in partitioning and/or disaggregation of their
licenses. These regulatory opportunities are intended to provide the
air-ground marketplace greater flexibility to respond to consumer
demand.
10. Below, we address the location of ground stations, the
provision of deck-to-deck service (i.e., service from takeoff to
landing), competitive considerations, and the provision of services in
the air-ground band.
(i) Location of Ground Stations
11. Band plans 2 and 3 provide for exclusive spectrum licensing and
will afford new licensees significant flexibility to configure and
modify their systems to address current and future market conditions.
For example, licensees will be able to initially configure their
systems to best meet the needs of their customers, and may flexibly
reconfigure or add ground stations to respond to future demand for air-
ground services. An exclusive licensee also could deploy new
technologies in response to changing market conditions--without having
to coordinate its choice of technology with another licensee in the
band. If the band
[[Page 19295]]
is comprised of two overlapping 3 MHz licenses (band plan 1), the new
licensees will be required to jointly file a spectrum sharing and site
selection plan with the Wireless Telecommunications Bureau within six
months of the initial grant of their spectrum licenses and will be
required to notify the Bureau of any changes to the plan. The Wireless
Telecommunications Bureau will issue a public notice prior to the
Commission's auction of new 800 MHz air-ground spectrum licenses in
which it will specify the filing requirements for the plan. This
approach would provide parties with overlapping spectrum licenses
flexibility to configure their systems without having to adhere to
minimum spacing requirements or site locations dictated by the
Commission.
(ii) Provision of Deck-to-Deck Service
12. The record reflects that parties desire deck-to-deck service
(i.e., service from terminal to terminal). We note that air-ground
communications services are currently provided to Federal, State, and
local agencies, including the FBI, the U.S. Department of Energy, and
the U.S. Customs Service, and that the air-ground spectrum can be used
to support aircraft management, other public safety services, and
homeland security communications. In view of the foregoing and in light
of our statutory mandate to promote the safety of life and property, we
have selected three band plans that would enable licensees to provide
deck-to-deck service.
13. An exclusive licensing approach (band plans 2 and 3) would
facilitate the provision of service continuously because ground
stations can be located without inter-system coordination and would not
have to be limited in power or sector orientation by the presence of an
overlapping licensee. If a spectrum sharing approach (band plan 1) is
selected by the auction winners, the record indicates that the parties
will have to agree on power limits and sharing rules to facilitate the
full provision of deck-to-deck service.
(iii) Competitive Considerations
14. The flexible band configuration approach that we adopt today
will enable interested parties to bid on overlapping spectrum licenses
(band plan 1) in the event that they believe spectrum sharing will best
meet their needs for the provision of air-ground services. Under this
approach, the individual licensees--rather than the Commission--would
determine the criteria for ground station locations and other technical
requirements necessary to facilitate the provision of broadband
services on an overlapped basis. Moreover, in lieu of codifying their
sharing plan into the Commission's rules, any sharing plan that the
winning bidders develop between themselves can be modified at any time
without their having to seek a change in the rules. If band plan 1 is
implemented, we expect the parties to engage in good faith negotiations
in developing and implementing their spectrum sharing plan. If the two
licensees cannot agree on a spectrum sharing plan or if a dispute
arises under their initial or amended agreement, we would encourage
them to use binding arbitration or other alternative dispute resolution
procedures. Alternatively, either party may request that the Commission
resolve major disputes by filing, for example, a petition for
declaratory ruling.
15. In developing the available band plan options, we have
considered the potential harms and benefits that may accrue from the
possibility of a single provider in this band versus opportunities for
multiple service providers. We have also weighed the possible harms and
benefits in the context of our goal in this proceeding of facilitating
the highest valued use of this spectrum, resulting in the provision of
wireless telecommunications services onboard aircraft that better meet
the needs of the traveling public. We have considered not only the
existence of emerging satellite-based competition but also the
availability of other spectrum for the provision of air-ground service.
In addition, we have taken into account the fact that our new air-
ground band plan and rules will provide an adequate amount of spectrum
for the provision of new high-speed wireless services using the 800 MHz
air-ground spectrum that cannot be provided under our current rules,
and we anticipate that any future provider will take advantage of the
new rules to provide services that will compete more directly with
broadband air-ground providers operating from different platforms.
Therefore, we find that the air-ground band plan and the flexible
service rules that we adopt today are likely to enhance intermodal air-
ground competition even if ultimately only one entity operates in the
800 MHz air-ground band.
16. Nevertheless, in light of the very limited amount of spectrum
(four megahertz) available in the 800 MHz air-ground band, we conclude
that the public interest would be served by ensuring access to this
spectrum by more than one entrant by prohibiting any single party from
controlling more than three megahertz of spectrum in the band. Although
other spectrum and platforms will be available for the provision of
domestic air-ground service, the 800 MHz air-ground band constitutes
the only four megahertz of spectrum dedicated specifically to the
commercial air-ground service in the United States. Thus, there is
currently no guarantee that any spectrum other than the 800 MHz air-
ground band and the spectrum used by satellite services will in fact be
used for commercial air-ground service. We accordingly conclude that it
is in the public interest to promote competition by ensuring that at
least two parties will have an opportunity to provide service in the
800 MHz air-ground band. Other providers will be able to access the
spectrum through secondary markets, resale or similar means. In
addition, the record demonstrates that no more than three megahertz of
spectrum is required to deliver high-speed air-ground services using
today's broadband technologies. Permitting one party to control the
entire four megahertz of spectrum comprising the band therefore could
result in one megahertz of spectrum (25 percent of the band) lying
fallow, which would undermine our goal of promoting the highest valued
use of this spectrum. A 1 MHz spectrum block could support such
applications as email service, Internet access, messaging services,
avionic support, and homeland security services. Given the many
potential uses of a 1 MHz spectrum block, restricting the access of any
single party to three megahertz of the spectrum not only will increase
the air-ground service choices available to consumers, but also will
ensure the efficient use of this spectrum. We also believe that
promoting competition in the band and with satellite-based service
providers will serve the public interest by spurring technological
innovation. In light of these findings, we conclude that it is in the
public interest to have two licensees in this band.
17. In view of the foregoing, we will prohibit any party from
obtaining a controlling interest, either at auction or by a post-
auction transaction, in more than three megahertz of spectrum (either
shared or exclusive) in the 800 MHz air-ground band. Each of the three
band configurations contains two licenses and each includes at least
one 3 MHz license. Accordingly, no party may have a controlling
interest in more than one license in the band plan implemented as a
result of the Commission's auction of new air-ground licenses. For
purposes of this eligibility restriction, individuals and entities with
either de jure or de facto control of a licensee in the band will be
considered to have a controlling
[[Page 19296]]
interest in the licensee. De jure control is evidenced by holdings of
greater than 50 percent of the voting stock of a corporation, or in the
case of a partnership, general partnership interests. De facto control
is determined on a case-by-case basis.
18. We also will apply the definitions of ``controlling interests''
and ``affiliate'' currently set forth in Sec. Sec. 1.2110(c)(2) and
1.2110(c)(5) of the Commission's rules. These provisions have worked
well to identify individuals and entities that have the ability to
control applicants for Commission licenses and therefore are well-
suited to our goal here of ensuring that no party will hold a
controlling interest in more than three megahertz of spectrum (shared
or exclusive) in the 800 MHz air-ground band. We note that Sec.
1.2110(c)(2) includes the requirement that ownership interests
generally be calculated on a fully diluted basis, and also provides
that any person who manages the operations of an applicant pursuant to
a management agreement, or enters into a joint marketing agreement with
an applicant, shall be considered to have a controlling interest in the
applicant if such person, or its affiliate, has authority to make
decisions or otherwise engage in practices or activities that
determine, or significantly influence, the types of services offered,
or the terms or prices of such services. We find that, together with
the other provisions of Sec. Sec. 1.2110(c)(2) and 1.2110(c)(5), these
provisions will ensure that no entity will hold a controlling interest
in more than three megahertz of spectrum (shared or exclusive) in the
800 MHz air-ground band.
19. We note that, like other Part 22 licensees, 800 MHz Air-Ground
Radiotelephone Service licensees are classified as commercial mobile
radio service (CMRS) providers and thus are subject to common carrier
regulation under Title II of the Communications Act (Act). While the
Commission has previously decided to forbear from applying certain
provisions of Title II to CMRS providers, it has determined that it
would be inappropriate to exempt CMRS providers from the competitive
safeguards embodied in Sec. Sec. 201 and 202 of the Act. Air-Ground
licensees therefore are required to provide service upon reasonable
request, and their ``charges, practices, classifications, and
regulations for and in connection with'' service must be just and
reasonable. Moreover, Air-Ground licensees may not make any unjust or
unreasonable discrimination in charges, practices, classifications,
regulations, facilities, or services for or in connection with a like
communication service and may not afford any undue or unreasonable
preference or advantage to any person or class of persons. Accordingly,
if an air-ground licensee were to unreasonably discriminate in its
service rates, terms, or conditions, it could be subject to enforcement
action by the Commission as well as a complaint proceeding initiated
pursuant to Sec. 208 of the Act.
(iv) Air-Ground Services
20. A new licensee may provide any type of air-ground service
(i.e., voice telephony, broadband Internet, data, etc.) to aircraft of
any type, and serve any or all aviation markets (e.g., commercial,
government, and general). A licensee must provide service to aircraft.
We note that current bilateral agreements between the United States,
Canada, and Mexico provide for coordinated use of air-ground
frequencies over North American airspace and are based on a narrow
bandwidth channel scheme, and therefore may need to be renegotiated to
provide for more flexible use of this spectrum.
21. At this time, we decide not to permit a licensee to provide
ancillary land mobile or fixed services in the 800 MHz air-ground
spectrum.
4. Technical Standards
22. We are adopting the minimal set of technical rules for the new
air-ground service necessary to implement the three alternative band
plan configurations that will be subject to auction. Generally, these
rules provide licensees flexibility to deploy any type of transmission
technology, provided that the radio emissions produced fit within a
licensee's assigned spectrum. The new technical rules limit only
transmitting power and the power level of unwanted emissions. As a
general matter, these new technical rules are crafted to allow
sufficient power to provide robust air-ground services, while limiting
the potential for harmful interference to services operating in
adjacent spectrum.
23. Interference to air-ground from adjacent services. Each of the
two paired bands comprising the 800 MHz air-ground allocation is
adjacent to and just above spectrum allocated to the cellular
radiotelephone service. The 849-851 MHz uplink band is adjacent to and
just below spectrum allocated to land mobile services including public
safety, which will soon become all public safety pursuant to the 800
MHz Order. The 894-896 MHz downlink band is adjacent to and just below
spectrum allocated to land mobile services including 900 MHz SMR. These
services are heavily used in many areas. Base stations in these
adjacent services are authorized to utilize high power levels.
24. The services adjacent to the 849-851 MHz band are subject to
rules that limit their potential to cause interference to air-ground
service. We do not, at this time, find a need to adopt additional or
more stringent rules applicable to the adjacent service licensees to
further limit interference potential to the air-ground service. We
believe that, under the current rules, new air-ground systems should be
able, through careful ground station site selection and technical
coordination with the licensees in the adjacent services, to build out
their systems. Potential licensees should plan on obtaining qualified
engineering advice regarding system design and ground station site
selection, taking fully into account the existing radio frequency
environment at candidate sites.
25. Interference to Cellular Block B. The air-ground ground station
transmit band at 849-851 MHz is adjacent to the Cellular Radiotelephone
Service Block B band, which is used for cellular base station
receivers. We note that no harmful interference problems between the
cellular service and the commercial air-ground service have been
reported to the Commission during more than ten years of air-ground
service operations, despite the fact that the air-ground mobile station
and ground station transmit bands are reversed from the adjacent
cellular bands. We believe that several factors may explain why there
have been no reported interference problems. First, both services have
out of band emissions (OOBE) limits to suppress undesired signals from
adjacent allocations. Second, there are far fewer ground stations in an
air-ground system than in a cellular system (e.g., the entire U.S.
airspace can be covered at an altitude of 20,000 feet by fewer than 200
ground stations). Third, an air-ground licensee must employ careful
site selection practices for its ground stations, including an
unobstructed view of the sky and consideration of the local RF
environment (i.e., what other stations are nearby). Further, air-ground
antennas also are typically up-tilted whereas cellular antennas are
often down-tilted, adding some isolation between the two. The rule
changes that we adopt to permit broadband air-ground services will not
alter any of these factors and, consequently, we expect that these
factors will be effective in avoiding inter-service interference under
our new air-ground band plan.
26. Furthermore, we do not believe that the use of wider bandwidth
[[Page 19297]]
technologies in the 800 MHz air-ground spectrum will result in
increased interference between air-ground operations and cellular
operations. Although spread spectrum emissions typically have broader
out-of-band noise skirts, the level of this noise is subject to the
Commission's OOBE rules. We also note that the broadband spread
spectrum based technologies used in the cellular band and those that
the parties have proposed for use in the air-ground band are resistant
to small amounts of out-of-band noise. In summary, we find that
applying our standard OOBE rules here is adequate to limit unwanted
emissions between ground stations in the air-ground service and base
stations in the cellular service. We note that our standard OOBE rules
also provide that the Commission may require greater attenuation of
unwanted emissions in the event it is necessary to prevent interference
to other services.
27. The airborne mobile transmit band (894-896 MHz) is adjacent on
its lower side to the cellular telephone receivers of the Cellular B
Block licensee. There have been no reported instances of harmful
interference between airborne mobile stations and cellular telephones.
This stems from the large distance separation between aircraft and
cellular phones on the ground, and our decision today does not change
this factor. We conclude that our OOBE limits and the distance
separation make it likely that the mobile units in these two services
will continue to operate in adjacent spectrum without harmful
interference problems. Nevertheless, if an air-ground licensee elects
to operate aircraft mobile transmitters on the ground or during
approach and take-off, they may find it necessary in some cases to
provide additional attenuation of OOBE falling into the spectrum below
894 MHz, in order to avoid interference to cellular phones in use in
the immediate vicinity of airports.
28. Interference to Public Safety. The upper edge of the air-ground
ground station transmit band at 849-851 MHz is adjacent to what are now
mobile receivers for interleaved business, industrial and land
transportation, SMR, and public safety radio channels, but which will
soon become the National Public Safety Plan Advisory Committee (NPSPAC)
public safety channels pursuant to our recent 800 MHz Order, 69 FR
67823, November 22, 2004. Nextel asserts that OOBE from air-ground
ground stations could produce a significant amount of noise energy in
nearby public safety receivers. Although we have found that emissions
from cellular base stations may have contributed to interference
problems with public safety and critical infrastructure mobile
receivers above 851 MHz, there is no history of similar interference
being caused by the existing air-ground ground stations to mobile
receivers. There are again several factors that we believe may explain
why air-ground caused interference is rare, including the fact that
there are so few air-ground ground stations, as compared to cellular
base stations, and the deployment characteristics of ground stations
(e.g., up tilted antennas). Further, we note that NPSPAC operations
above 851 MHz will be protected by our OOBE limit rule, including the
provision that allows the Commission to require greater attenuation if
necessary to prevent interference.
29. Nevertheless, we believe that it is prudent to adopt a rule
providing that ground stations in the Air-Ground Radiotelephone Service
that operate in the 849-851 MHz range will be subject to the same
interference abatement obligation rules adopted for cellular services
in the 800 MHz Order. The rule we are adopting is essentially the same
as that adopted for cellular in the 800 MHz Order. We will not require
air-ground licensees to participate in the establishment of the
electronic notification process because we anticipate that this process
will be in place by the time that new air-ground licenses are issued.
30. Interference to 900 MHz SMR base receivers. The airborne mobile
transmit band (894-896 MHz) is adjacent on its upper side to the base
station receive band in the 900 MHz SMR service. Distance separation
will normally serve to protect 900 MHz SMR base station receivers
because airborne stations normally operate at altitudes well above 900
MHz SMR base stations. Nextel, however, contends that there may be a
problem where its 900 MHz SMR base stations are located near airport
runways, and if there are several aircraft at low altitude nearby at
the same time. This possibility appears to be atypical and we find that
it would be best addressed on a case-by-case basis rather than by a
broad-based rule. Air-ground licensees and 900 MHz SMR licensees should
cooperate to resolve any interference problems of this type.
31. Miscellaneous interference issues. We do not believe the record
justifies adoption of more stringent OOBE limits for the Air-Ground
Radiotelephone Service. Accordingly, we will apply our harmonized
flexible OOBE limits rule, which currently applies to cellular and
broadband PCS, to the 800 MHz Air-Ground Radiotelephone Service. We
note that, in the event that band plan 2 or 3 is implemented, the
exclusive licensees would be subject to the OOBE standards between
their spectrum blocks, as well as outside the air-ground band.
32. Miscellaneous technical rules. The existing air-ground rules
have provided particular limits on transmitter frequency tolerance and
specifications for automated operating procedures. We conclude it is
unnecessary to retain such a detailed frequency tolerance rule. Under
the legacy band configuration, numerous closely packed air-ground
channels were shared by multiple licensees, so we required a frequency
tolerance rule that tightly controlled frequency stability to minimize
the possibility of adjacent channel interference. By contrast, our new
rules establish wider spectrum blocks and we anticipate fewer
communications channels. In addition, we expect that the advanced
technologies likely to be used in this band will have to be inherently
stable in order to work properly, and, in the Air-Ground Radiotelephone
Service, possibly to compensate for Doppler shift as well. Thus, we
find that we need only require in our rules that the frequency
stability of equipment used be sufficient to ensure that, after
accounting for Doppler frequency shifts, the occupied bandwidth of the
fundamental emissions remains within the authorized frequency bands of
operation. In the event that band plan 1 is implemented and licenses
for spectrum sharing are issued, the licensees may choose to agree upon
any number of miscellaneous technical standards that may be needed to
facilitate shared spectrum operation and include them in the spectrum
sharing plan that they would file with the Wireless Telecommunications
Bureau.
5. Incumbent Station KNKG804
33. Verizon Airfone Inc. is the sole incumbent currently operating
in the 800 MHz air-ground band. In April 2004, the company filed an
application for renewal of its authorization to operate in the band,
Call Sign KNKG804. We grant Verizon Airfone Inc. a non-renewable
license for a five-year term commencing on the effective date of this
Report and Order.
a. Transition of Incumbent System
34. In order to ensure that the air-ground spectrum can be used to
provide broadband air-ground services to the public in the near future,
it is imperative to clear the incumbent narrowband system from a
minimum of three megahertz of spectrum as soon as reasonably
practicable. We conclude
[[Page 19298]]
that, given the declining and relatively low usage level of Verizon
Airfone's system, and because the original 800 MHz air-ground band plan
was intended to accommodate six competing licensees, the existing
system can be provided comparable spectrum in one megahertz of spectrum
in the air ground band.
35. Verizon Airfone's incumbent system must cease operations in the
lower 1.5 MHz portion of each 2 MHz air-ground band within 24 months of
the initial date of grant of any license, if band plan 1 or 2 is
implemented; Verizon Airfone may relocate its incumbent operations to
the upper 0.5 MHz portion of each 2 MHz band and may continue to
operate under the renewal authorization until the end of the five-year
license term. If band plan 3 is implemented, Verizon Airfone's
incumbent system must cease operations in the upper 1.5 MHz portion of
each 2 MHz air-ground band within 24 months of the initial date of
grant of any new license; Verizon Airfone may relocate its incumbent
operations to the lower 0.5 MHz portion of each 2 MHz band and may
continue to operate under the renewal authorization until the end of
the five-year license term. We note that this transition period is
consistent with Verizon Airfone's request that we provide it a
``limited transitional period'' for its narrowband system. In revising
our current air-ground rules, we are eliminating all of the command and
control technical rules, which enabled dynamic sharing of communication
channels under the former licensing scheme. Verizon Airfone may
reconfigure the narrowband channelization of its existing system in the
upper 0.5 MHz portion of each 2 MHz band (or lower 0.5 MHz portion of
each band if band plan 3 is implemented) any way it wants, including
using control channel(s) of any authorized bandwidth less than 6 kHz
(not limited to 3.2 kHz as they are now). We note that if Verizon
Airfone acquires a new spectrum authorization as a result of
competitive bidding, it could elect to continue its incumbent
operations under such new authorization.
b. Reimbursement of Relocation Costs
36. We conclude that it would not be inequitable for Verizon
Airfone to bear costs associated with relocating its narrowband
operations within the 24-month period set out above to accommodate a
new entrant in the air-ground band. The original 800 MHz air-ground
band plan was intended to accommodate six competing licensees in the
air-ground band, and Verizon Airfone has never had a right to exclusive
use of the band. The new license that we grant Verizon Airfone today,
moreover, provides the company a substantial period--two years from the
initial grant of any new air-ground license--to relocate its narrowband
operations to one megahertz of spectrum in the band.
37. We do not foresee harm to the flying public flowing from
Verizon Airfone bearing any relocation expenses it may have. As noted
above, demand for Verizon Airfone's service has markedly declined in
recent years, and the company's system is approaching technological
obsolescence. We note that a new air-ground licensee could seek to
negotiate and compensate Verizon Airfone to relocate earlier than
required by the terms of Verizon Airfone's new license; Verizon
Airfone, however, will not be obligated to engage in such negotiations.
On balance, we conclude that any burden that might be incurred by
Verizon Airfone to relocate its operations under the conditions we are
adopting should be minimal. Accordingly, we require Verizon Airfone to
bear any costs for relocating its narrowband operations in the air-
ground band at the end of the 24-month transition period.
c. Renewal of Call Sign KNKG804
38. We hereby grant Verizon Airfone Inc. a non-renewable license,
Call Sign KNKG804, for a five-year term subject to the following
conditions:
If band plan 1 or 2 is implemented, Verizon Airfone must
cease its existing narrowband operations in the lower 1.5 MHz portion
of each 2 MHz air-ground band within 24 months of the initial date of
grant of a new spectrum license.
If band plan 1 or 2 is implemented, Verizon Airfone may
relocate its incumbent operations to the upper 0.5 MHz portion of each
2 MHz band (0.5 MHz at 850.500-851.000 MHz paired with 0.5 MHz at
895.500-896.000 MHz).
If band plan 3 is implemented, Verizon Airfone must cease
its existing narrowband operations in the upper 1.5 MHz portion of each
2 MHz air-ground band within 24 months of the initial date of grant of
a new spectrum license.
If band plan 3 is implemented, Verizon Airfone may
relocate its incumbent operations to the lower 0.5 MHz portion of each
2 MHz band (0.5 MHz at 849.000-849.500 MHz paired with 0.5 MHz at
894.000-894.500 MHz).
The existing Sec. 22.867 power limits for ground stations
(100 Watts ERP) and airborne mobile stations (30 Watts ERP) will become
license terms. We are amending Sec. 22.867 and it will apply to the
new licensees only.
The existing Sec. 22.861 out-of-band and spurious
emission limits will become license terms. We are amending Sec. 22.861
and it will apply to the new licensees only.
The authorized emission bandwidth of any transmission from
the existing system may not exceed 6 kHz. This license condition
replaces Sec. 22.857(a)(2) because we are removing Sec. 22.857. This
condition requires that the existing system remain a narrowband system.
39. Verizon Airfone must coordinate any technical changes within
885 kilometers (550 miles) of the U.S.-Canadian or U.S.-Mexican borders
with the appropriate air-ground licensees in those countries prior to
requesting appropriate governmental approval. Verizon Airfone may
locate or relocate ground stations operating at any power level (not
exceeding 100 Watts), subject only to international coordination.
Verizon Airfone must maintain and provide to the FCC and the new 800
MHz air-ground licensee(s) a current list of the locations and channels
used at all ground stations, which will enable the licensee(s) to
provide interference protection to the existing system's operations.
40. During the period that the existing system continues to operate
and provide service, the licensee of a new spectrum license must not
cause harmful interference to it. Protection from interference requires
that the signals of the new licensee(s) must not exceed the current
adjacent channel emission limit, which is a ground station received
power of -130 dBm in 6 kHz, assuming a 0 dBi vertically polarized
antenna. This limit will provide full interference protection to the
existing system.
6. Construction Requirements
41. We find that a five-year substantial service construction
requirement for any new spectrum license--other than the 1 MHz spectrum
licenses D and E--will serve the public interest and is consistent with
our statutory mandate to prevent stockpiling or warehousing by
licensees, and to promote investment in and rapid deployment of new
technologies and services. At the end of the five-year construction
period, a licensee must provide substantial service to aircraft. We
define substantial service as service that is sound, favorable, and
substantially above a level of mediocre service that would barely
warrant renewal. We establish two safe harbors that would satisfy this
substantial service obligation. First, construction and operation of 20
base stations, with at least one base station in each of the ten FAA
regions, at the five-year
[[Page 19299]]
benchmark would constitute substantial service. Alternatively, the
construction and operation of base stations capable of serving the
airspace of at least 25 of the 50 busiest airports (as measured by
annual passenger boardings) at the five-year benchmark would constitute
substantial service.
42. We do not establish a construction requirement for spectrum
licenses D and E. If either of these licenses is acquired, the licensee
would have to share spectrum with Verizon Airfone's incumbent system
until the expiration of Verizon Airfone's non-renewable license term.
Depending on system configuration, a licensee of spectrum block D or E
might not find it technically desirable to operate an air-ground system
while sharing spectrum with the incumbent system. Under these
circumstances, a construction requirement could result in a licensee
deploying a less than optimal system.
B. 400 MHz Air-Ground Radiotelephone Service
43. The general aviation air-ground service operates in the
454.675-454.975 and 459.675-459.975 MHz bands and involves the
provision of telecommunications service to private aircraft such as
small single engine craft and corporate jets. As explained by one of
the commenters in this proceeding, the channels licensed in this
service are used for emergency and other purposes. These channels are
interconnected with the public switched telephone network. Pursuant to
our biennial review of regulations in the Notice, we are revising and
eliminating certain rules governing this service. In addition to the
rules revised or eliminated as discussed below, we take this
opportunity to update and reorganize the general aviation air-ground
rules. In particular, we redesignate current Sec. 22.803 of the
general rules as new Sec. 22.807 of the general aviation air-ground
rules, and delete certain superfluous language therein that relates to
the Rural Radiotelephone Service.
1. Form 409, Airborne Mobile Radio Telephone License Application
44. In contrast to most part 22 services, Sec. 22.3(b)(1) requires
an individual authorization to operate a general aviation airborne
mobile station-an end user unit-in the Air-Ground Radiotelephone
Service. This requirement is also reflected in Sec. 1.903(c) of our
rules. Individuals must file FCC Form 409 (Airborne Mobile Radio
Telephone License Application) to apply for authority to operate an
airborne station or to modify or renew an existing license.
45. We do not believe that the continued licensing of individual
airborne mobile stations is warranted. At present, and likely for the
foreseeable future, members of the public desiring service using the
current Air-Ground Radiotelephone Automated Service (AGRAS) system must
first purchase and install an AGRAS-compatible mobile telephone aboard
their aircraft. Such mobile units are considerably more expensive and
not as readily available as mobile telephones typically used with land-
based public mobile systems. Coupled with the fact that the number of
general aviation users is relatively small, the probability of
unauthorized users is minimal.
46. More importantly, a potential air-ground subscriber must first
register with the billing service utilized by the various air-ground
licensees to obtain an aircraft telephone number in order to receive
service. Therefore, the licensee's own billing service would know the
number and identification of legitimate users of the air-ground AGRAS
system. Presumably, if an un-registered user attempted to place calls
over the AGRAS system, service would be denied.
47. In addition, the Commission has received few complaints
regarding these stations. Air-Ground equipment is used to communicate
with ground facilities that are otherwise licensed by the Commission.
Moreover, we believe that the requirement to file Form 409 imposes an
unnecessary regulatory burden on end users, because it involves
preparation of a form as well as payment of a $50 fee for each
subscriber unit.
48. Therefore, in keeping with the Commission's policy of
simplifying, where appropriate, its licensing procedures and easing the
administrative burden on licensees and other users of Wireless Radio
Services, we eliminate, by revising Sec. Sec. 1.903(c) and 22.3(b),
the requirement that an authorization be obtained to operate general
aviation airborne mobile stations in the Air-Ground Radiotelephone
Service. We also eliminate FCC Form 409 and delete references to that
form in Sec. Sec. 1.1102 and 1.2003 of our rules.
2. Idle Tone
49. Section 22.811 provides that, when a ground station transmitter
authorized to transmit on any Air-Ground Radiotelephone Service channel
listed in Sec. 22.805 (for general aviation air-ground service) is
available for service but idle, it must continuously transmit a
modulated signal on that channel with a power between 10 and 20 dB
lower than the normal transmitting power. We continue to believe that
the deletion of Sec. 22.811 from our rules is warranted. We take this
opportunity to point out that the removal of this rule in no way
prohibits carriers from employing the idle control tone. To the
contrary, the action we take today is permissive. To the extent that
idle tone transmissions are deemed valuable by system operators, they
are free to continue to use it. In light of today's automated system,
however, we do not believe that mandating its continued use is
warranted.
3. Construction Period for General Aviation Ground Stations
50. Section 22.815 provides that ``[t]he construction period (see
Sec. 22.142) for general aviation ground stations is 12 months.'' We
correct the reference in Sec. 22.815 to specify the actual rule
section, Sec. 1.946.
4. AGRAS
51. Section 22.819 provides that, after January 1, 1996, stations
transmitting on the general aviation air-ground service channels must
operate in compliance with the requirements set forth in the document,
``Technical Reference, Air-ground Radiotelephone Automated Service
(AGRAS), System Operation and Equipment Characteristics,'' dated April
12, 1985. The industry is currently developing a new operating
technology that may be superior to AGRAS.
52. We delete Sec. 22.819. Our deletion of the rule does not mean
that the AGRAS protocols are prohibited. To the contrary, technological
advancements in this area may continue to utilize AGRAS protocols if
developers believe it would be appropriate. We are unwilling at this
time to mandate the use of a particular technology when the market is
more suited to make these decisions. We also believe that it is
unlikely that the industry would simply forsake the current users of
these systems.
C. Revision of Part 22 Non-Cellular Rules
1. Scope and Authority
a. Authorization Required, General Eligibility, and Definitions
53. Section 22.3(b) provides that, except for certain stations in
the Rural Radiotelephone Service and the Air-Ground Radiotelephone
Service, the operation by subscribers of mobile or fixed stations in
the Public Mobile Services is covered by the authorization held by the
common carrier providing service to them. Part 22 also contains other
rules that use the term ``common carrier.'' Section 22.7 states that,
[[Page 19300]]
``except as otherwise provided in this part, existing and proposed
common carriers are eligible to hold authorizations in the Public
Mobile Services.'' We also pointed out that several of the definitions
contained in Sec. 22.99 include references to the term ``common
carrier.'' Finally, we observed that the distinctions previously drawn
between a radio common carrier and a wireline common carrier under the
part 22 rules became obsolete in 1984.
54. We revise Sec. Sec. 22.3(b), 22.7, and 22.99 by replacing the
term ``common carrier'' with the term ``licensee,'' and thus deleting
the requirement that licensees in part 22 services be common carriers.
We also revise Sec. 22.1(b) to delete the reference to ``domestic
common carrier,'' and Sec. 22.401 to delete the words ``Communications
common carriers'' and replace with the words ``Eligible entities (see
Sec. 22.7).'' Section 22.351, regarding channel assignments, should be
similarly amended. Finally, we delete the definitions for Radio Common
Carrier and Wireline Common Carrier, as these terms are no longer used
in part 22, and correct references to the term ``Air-ground
Radiotelephone Service'' contained in several definitions in Sec.
22.99 to read ``Air-Ground Radiotelephone Service.''
2. Licensing Requirements and Procedures
a. Construction Prior to Grant of Application
55. Section 22.143(d)(4) of our rules provides that, for any pre-
grant construction or alteration that would exceed the requirements of
Sec. 17.7, the licensee must notify the FAA and file a request for
antenna height clearance and obstruction and marking specifications
(FCC Form 854) with the FCC, PRB, Support Services Branch, Gettysburg,
PA 17325. The correct filing location for FCC Form 854 is WTB, Spectrum
Management Resources and Technologies Division, 1270 Fairfield Road,
Gettysburg, PA 17325. We revise FCC Form 854 accordingly, and we amend
Sec. 22.143(d)(4) of our rules to include this updated address.
b. Computation of Distance
56. We recodify Sec. 22.157 as new Sec. 1.958 in part 1, subpart
F. This will make the Sec. 22.157 distance calculation method
applicable to all Wireless Radio Services described in parts 1 (except
parts 21 and 101 as explained below), 20, 22, 24, 27, 80, 87, 90, 95,
and 97, and supersede any conflicting regulations in these parts. We
note that software used by the Commission to process applications under
parts 21 (Domestic Public Fixed Radio Services) and 101 (Fixed
Microwave Services) is programmed to round the result of a distance
calculation to the nearest tenth of a kilometer. Accordingly, we
include language in new Sec. 1.958 to indicate that distance
calculations for applications under these parts must be rounded to the
nearest tenth of a kilometer.
c. Computation of Terrain Elevation
57. We recodify Sec. 22.159 as new Sec. 1.959 in part 1, subpart
F. Part 90 services in the 470-512 MHz band, due to their proximity to
TV operations, will continue to be governed by Sec. 90.309(a)(4).
Thus, all wireless services under parts 1, 20, 22, 24, 27, 80, 87, 90
(except the 470-512 MHz band), 95, 97 and 101 will be subject to the
same computation methodology.
d. ASSB
58. Section 22.161 sets forth application requirements for base
stations in the Paging and Radiotelephone Service, Rural Radiotelephone
Service, and Offshore Radiotelephone Service where the applicant
proposes to employ amplitude compandored single sideband modulation
(ASSB). We delete Sec. 22.161. This rule section is obsolete in light
of Sec. 22.357, which permits part 22 licensees to use any emission
type that complies with applicable emission limits.
3. Operational and Technical Requirements
a. Channel Assignment Policy
59. Section 22.351 sets forth the general policy for the assignment
of PMS channels. The third sentence of this section uses the term
``common carrier.'' We amend Sec. 22.351 to replace the term ``common
carrier'' with the term ``licensee.''
b. Interference Protection
60. Section 22.352 provides, in pertinent part, that PMS licensees
shall be considered non-interfering if they operate in accordance with
FCC rules that provide technical channel assignment criteria for the
radio service or channels involved, all other applicable FCC rules, and
the terms and conditions of their authorizations. We modify the
relevant portion of Sec. 22.352 to read ``Public Mobile Service
stations operating in accordance with applicable FCC rules and the
terms and conditions of their authorizations are normally considered to
be non-interfering.'' The streamlined wording we adopt more accurately
reflects how the Commission currently addresses interference issues, as
we make clear that operation consistent with Commission rules and the
applicable authorization--whether on a site-by-site basis or on a
geographic area basis--creates a presumption of non-interfering
operation.
c. Emission Types and Emission Masks
61. An emission mask is defined as ``[t]he design limits imposed,
as a condition or certification, on the mean power of emissions as a
function of frequency both within the authorized bandwidth and in the
adjacent spectrum.'' Section 22.357 provides that any authorized PMS
station may use any type of emission provided that it complies with the
appropriate emission mask. Section 22.359 is the general emission mask
rule. Section 22.861 is the emission limitations and mask rule for
commercial aviation air-ground systems. At the time the Commission
adopted the part 22 rules, it generally used the emission mask approach
to regulate in-band energy distribution. Recently, however, the
Commission has been decreasing its reliance on the use of emission
masks as a means to limit interference and, instead, increased its
reliance on the use of out-of-band emission (OOBE) limits. The salient
difference between emission masks and OOBE limits is that OOBE limits
do not limit emission levels within a particular frequency band.
Rather, they are intended to limit emissions outside of the authorized
bandwidth.
62. Consistent with the recent increased use of OOBE limits, we
replace the emission mask requirements found in Sec. Sec. 22.357,
22.359, and 22.861 with an OOBE limitation. We believe that OOBE
limitations are preferable to emission masks for the PMS because OOBE
limitations do not need to be revised every time a new technology is
implemented (unlike emission masks). Moreover, OOBE limitations make
more sense with channels that are often combined in blocks, since there
is no need for a single licensee on adjacent channels to be required to
use an emission mask on each channel to protect itself. OOBE
limitations protect services operating beyond the outer edges of the
channel block. Emission masks require protection of each individual
channel within the block.
d. Standby Facilities
63. Section 22.361 permits PMS licensees to install standby
transmitters, without separate authorization, to continue service in
the event of transmitter failure or during transmitter maintenance. It
is now universally understood in the wireless industry that licensees
are not required to obtain a separate authorization to install standby
[[Page 19301]]
transmitters. Eliminating Sec. 22.361 is warranted. We also note that
doing so is in line with our desire to streamline or eliminate rules
that are no longer necessary. Thus, we eliminate Sec. 22.361.
e. Directional Antennas
64. Section 22.363 and Table C-2 to Sec. 22.361 set forth
directional antenna technical requirements. These requirements were
adopted at a time when the Commission generally considered fixed
wireless operations to be secondary to mobile operations. These
regulations appear to no longer be necessary because, when the
Commission licenses spectrum today, it provides greater flexibility to
licensees to use the spectrum for mobile or fixed operations. We
eliminate Sec. 22.363 and Table C-2 to Sec. 22.361.
f. Wave Polarization
65. Section 22.367 sets forth polarization requirements for the
electromagnetic waves radiated by PMS providers. Where fixed and mobile
services operate on a co-channel basis, the polarization restrictions
may no longer be necessary or effective in reducing interference. We
delete Sec. 22.367.
g. Access to Transmitters
66. Section 22.373 generally requires PMS transmitters to be
accessible only to persons authorized by the licensee. We remove Sec.
22.373 from our rules. We believe that the rule is unnecessary due to
the fact that licensees have an economic self-interest to prevent
unauthorized access to their transmitters.
h. Replacement of Equipment
67. Section 22.379 permits PMS licensees to replace equipment
without notifying the Commission, provided that such equipment meets
certain technical requirements. Licensees have known since the rule
change in 1994 that applications are not required for replacement
equipment.
68. We therefore eliminate Sec. 22.379.
i. Auxiliary Test Transmitters
69. Section 22.381 limits the use of auxiliary test transmitters to
testing the performance of fixed receiving equipment located remotely
from the control point. Section 22.381 further provides that such
transmitters may only transmit on channels designated for mobile
transmitters. We believe that Sec. 22.381 unnecessarily restricts the
use of test equipment, and therefore we eliminate this section from our
rules. We are aware of no harm that would arise from operating
auxiliary test transmitters on any authorized channel, whether base or
mobile, and no commenters have suggested otherwise.
4. Developmental Authorizations
70. Part 22, subpart D--which includes Sec. Sec. 22.401, 22.403,
22.409, 22.411, 22.413, 22.415, and 22.417--governs grant of
developmental authorizations in the PMS. As pointed out in the Notice,
a review of Commission records indicates that these rules are seldom
used and, instead, parties frequently file waiver requests that are
tantamount to requests for developmental authorizations.
a. Developmental Authorization of 43 MHz Paging Transmitters
71. Sections 22.411 and 22.531(a) provide that 43 MHz channels can
be initially assigned only as developmental authorizations. The
requirements of Sec. Sec. 22.411 and 22.531(a) are intended to
mitigate interference with the intermediate frequency stages of
receivers in television sets and video recorders. Section 22.411 also
requires licensees to conduct and file semi-annual surveys during the
first two years of operation to determine the extent of any
interference to broadcast television receivers. We believe that
Sec. Sec. 22.411 and 22.531(a) are no longer required. Modern NTSC
televisions are no longer particularly vulnerable to interference from
the 43 MHz paging frequencies. Previously, television sets utilized an
intermediate frequency amplifier that converted the received channel to
a frequency between 40 and 46 MHz. New television sets, on the other
hand, no longer employ this type of technology. In addition, the number
of licensees and new applications for these paging channels is minimal.
Consequently, it appears that there is no need for developmental
authorizations for 43 MHz paging transmitters, and we delete these
sections of our rules.
b. Developmental Authorization of 928-960 MHz Fixed Transmitters
72. Section 22.415 provides that channels in the 928-931 and 952-
960 MHz ranges may be assigned to fixed transmitters in point-to-
multipoint systems at short-spaced locations (i.e., those that do not
meet the 70-mile separation requirement of Sec. 22.625(a)). The
Commission cannot issue any developmental authorizations under Sec.
22.415 unless it waives the licensing prohibition of Sec. 22.621. This
language would no longer be necessary were we to adopt our proposal to
eliminate Sec. 22.415. In light of the prohibition in Sec. 22.621
against licensing any new 900 MHz frequencies, we eliminate Sec.
22.415 and modify Sec. 22.625(a) by eliminating all text following the
first sentence that pertains to short-spaced developmental
authorizations under Sec. 22.415.
c. Developmental Authorization of Meteor Burst Systems
73. Section 22.417 provides that Rural Radiotelephone Service (RRS)
central office and rural subscriber stations in Alaska may use ``meteor
burst'' propagation modes. Meteor burst systems bounce radio signals
off the ionized trails of evaporating space rocks to receivers up to
1,000 miles away. Meteor burst technology, however, only works in brief
spurts because a typical meteor trail has an average duration of a few
hundred milliseconds, while wait times between suitable trails can
range from a few seconds to minutes. As such, the technology is well-
suited for bursty data transmissions but is not suitable for a
continuous voice call. Section 22.725(c) provides that channels 42.40,
44.10, 44.20 and 45.90 MHz may be used for such purposes in Alaska.
Section 22.729 governs station operations using meteor burst
propagation modes on these channels. There are no part 22 licensees on
these channels in Alaska, although there are some licenses issued under
part 90.
74. We do not believe that RRS stations in Alaska would benefit
from maintaining the licensing option under Sec. Sec. 22.417,
22.725(c), and 22.729, and we delete these section from our rules.
Currently, there are no licensees taking advantage of these rules. In
addition, as a practical matter, meteor burst propagation cannot be
used to transmit voice calls, which is at the core of the RRS. We also
delete the definition of ``meteor burst propagation mode'' in Sec.
22.99, the Sec. 22.313(a)(3) station identification requirements for
Rural Radiotelephone Service subscriber stations using meteor burst
propagation, and the Sec. 22.727(f) limits on transmitter output power
for meteor burst stations.
5. Paging and Radiotelephone Service Rules
a. Composite Interference Contour Over Water
75. Under Sec. 1.929(c)(1), any increase in the composite
interference contour (CIC) of a site-based licensee in the Paging and
Radiotelephone Service, Rural Radiotelephone Service, or 800 MHz
Specialized Mobile Radio Service is a major modification of license
that requires prior Commission approval. In March 2001, the Wireless
Telecommunications Bureau conditionally waived Sec. 1.929(c)(1) to
[[Page 19302]]
permit expansion of paging CICs over water on a secondary basis.
76. We amend Sec. 1.929(c)(1) and treat expansions of the CIC of a
site-based licensee in the Paging and Radiotelephone Service, Rural
Radiotelephone Service, or 800 MHz Specialized Mobile Radio Service
over water, on a secondary, non-interference basis to any geographic
area licensee in the same area, as a minor, not major, modification of
license. We also define the term ``over water'' as ``over bodies of
water that extend beyond county boundaries including, but not limited
to, oceans, the Gulf of Mexico, and the Great Lakes.'' As a result,
such expansions of the CIC are permissive and no notification to the
Commission is required. The classification of these modifications as
major can hamper a carrier's ability to respond to unexpected
disruptions or to meet changes in consumer demand. Licensees providing
service in coastal areas often need to relocate or adjust transmitting
facilities in order to maintain and improve coverage. Moreover, CIC
expansions that take place solely over water should pose no risk of
interference to other systems on land, and Commission records indicate
that we have not received any interference complaints arising from our
current temporary policy of conditionally waiving Sec. 1.929(c)(1). We
also note the benefits to both licensees and the Bureau derived from
the removal of these particular regulatory filing requirements. We
believe that our action here will facilitate the provision of PMS
services to the public.
b. Nationwide Network Paging Channels
77. Section 22.531(b) provides that frequencies 931.8875, 931.9125,
and 931.9375 MHz may only be used for nationwide network paging
service. Section 22.551 specifies the application process for such
channels in the event one should become available for licensing, and
provides additional rules for nationwide network paging service.
78. We believe that allowing licensees on these channels to provide
services other than nationwide network paging is in line with our
policy to facilitate flexible service offerings, our attempts to
achieve regulatory parity among competing wireless services, and the
highly competitive state of the paging industry. Similarly, we will
apply our general paging licensing rules, including competitive bidding
procedures, to license these channels in the event that one becomes
available for licensing. Therefore, we delete Sec. Sec. 22.313(a)(5),
22.531(b) and 22.551 from our rules.
c. Additional Channel Policies
79. Sections 22.539 and 22.569 govern the processing of
applications for additional paging and mobile channels, respectively.
In particular, these rules implement the Commission's general policy to
assign only one paging or two mobile channels in an area to a carrier
per application cycle. Carriers that seek to add channels to their
systems in the same geographic service area may thus do so one at a
time (two for mobile channels). Before applying for another channel,
carriers must certify that service has commenced on the previously-
granted channel(s).
80. We delete Sec. Sec. 22.539 and 22.569 from our rules. Today,
the part 22 paging channels set forth in these rule sections are
licensed on a geographic area basis rather than assigned on a site-by-
site basis. We no longer place a blanket restriction on the amount of
spectrum that a single entity may hold in one area (although we review
competitive issues involving paging licensees on a case-by-case basis).
Incumbents operating on a site-by-site basis may expand their systems
by assignment or transfer of a license or by participating in a
spectrum auction. In addition, under our current licensing scheme for
paging channels, we place no blanket restrictions on the number of
overlapping part 22 paging channels that a particular entity may hold
in one area. Consequently, we believe that maintaining these rules is
unnecessary.
d. Provision of Rural Radiotelephone Service on Paging Channels
81. Section 22.563 requires stations in the Paging and
Radiotelephone Service that provide two-way public mobile service on
certain channels to also provide Rural Radiotelephone Service (RRS)
upon request from a subscriber. These channels are now predominantly
assigned for use by one-way paging systems that are technically
incapable of providing RRS. We believe that Sec. 22.563 is no longer
needed. Not only are most of these channels assigned for one-way paging
use, there are now a number of wireless telephone service alternatives
to RRS (e.g., cellular, PCS, and some SMR). Moreover, consumers in many
areas--including rural areas--have begun to substitute cellular, PCS,
and some SMR service for landline service. This nascent trend is driven
in part by wireless service plans that include the price of long
distance service that may reduce a consumer's aggregate charges for
local and toll service. In light of these circumstances and the fact
that rural subscribers may readily obtain fixed basic telephone
services from a variety of sources, we delete Sec. 22.563 from our
rules.
e. Transmission Power Limits
82. Section 22.565(g) limits the effective radiated power (ERP) of
dispatch and auxiliary test transmitters to 100 watts. We delete Sec.
22.565(g) so that test transmitters may operate, pursuant to Sec.
22.565(a), at a limit of 150 watts. We note that because we have
decided to permit auxiliary test transmitters to operate on both base
and mobile frequencies, licensees can now choose to operate on either
the base or the mobile side of the frequency subject to the 150-watt
limit under Sec. 22.565(a).
f. Dispatch Service
83. Section 22.577 governs the provision of dispatch service. We
believe that the deletion of Sec. 22.577 of our rules is warranted. We
find that the rule is outdated and no longer necessary. Moreover,
``limits on output power and the functionality of the dispatch
transmitter'' are out of line with the Commission's emphasis on
``flexible spectrum use.'' In addition, part 90 dispatch operations are
not subject to such restrictions, and that the removal of Sec. 22.577
will ``expand the choices to wireless end users.'' We therefore delete
Sec. 22.577.
g. Channels for Point-to-Point Operation--Microwave Channels
84. Section 22.591 also includes a table of 2110-2130 and 2160-2180
MHz microwave channels. In 1992, the Commission allocated these bands
for use by emerging technologies (ET) services and no new systems may
be authorized on these channels under part 22. Recently, the Commission
allocated, inter alia, the 2110-2130 MHz band for Advanced Wireless
Services (AWS). At present, both the 2110-2130 and 2160-2180 MHz bands
are widely used for common carrier fixed microwave service.
85. In addition, Sec. 22.601 specifies rules for modification of
previously authorized part 22 stations on the 2110-2130 and 2160-2180
MHz channels. Section 22.602 sets forth rules governing a transition
period for Paging and Radiotelephone Service licensees on the microwave
channels listed in Sec. 22.591 to relocate to other frequencies. We
delete the microwave channels from the Sec. 22.591 table and delete
Sec. 22.591(b) regarding the assignment of such channels. We will
allow the licenses to expire at the end of their current
authorizations, and we will not renew them for another license term.
These microwave incumbents will, in the meantime, continue to be
subject to
[[Page 19303]]
Sec. Sec. 22.601 and 22.602 (although once their license terms end,
these sections will become superfluous). We will delete the cross-
reference to Sec. 22.591 in Sec. Sec. 22.601 and 22.602 and, instead,
reference the 2110-2130 and 2160-2180 MHz channels.
h. Effective Radiated Power Limits
86. Section 22.593 specifies power limits for the channels
enumerated in Sec. 22.591. Although we are deleting the microwave
channels listed in Sec. 22.591, these microwave licensees are still
subject to Sec. 22.593, which specifies the EIRP of the microwave
channels listed in Sec. 22.591. Consequently, we will not amend this
rule until after the subject licenses have expired.
i. Channel Usage Reports
87. Section 22.655 requires a subcategory of paging licensees--470-
512 MHz band licensees--to submit defined channel usage reports every
three months. Only two carriers must still file these reports; they
have maintained mobile usage of the channels for some time, and loading
reporting requirements for other paging operators have been eliminated.
88. We eliminate Sec. 22.655 so that we no longer require
licensees engaged in trunked mobile operations to measure and report
channel usage. The continuation of this reporting requirement is
burdensome and no longer necessary. Moreover, there are only two
licensees that currently remain subject to this requirement, while the
majority of CMRS licensees using the 470-512 MHz band do not have to
submit these quarterly reports. Given these circumstances, we do not
believe that the continued channel usage reporting requirements are
warranted.
6. Rural Radiotelephone Service Rules-Channels for Basic Exchange
Telephone Radio Systems
89. Section 22.757 specifies channels (in addition to those listed
in Sec. 22.725) in the frequency ranges 816.0125-820.2375 MHz and
861.0125-865.2375 MHz that are allocated for paired assignment to basic
exchange telephone radio systems (BETRS). The Commission auctioned
these channels on a geographic area basis in Auction 16, and that they
are no longer available for assignment to BETRS. We therefore eliminate
Sec. 22.757 and amend the first sentence of Sec. 22.725 to provide
that the channels listed therein are available for paired assignment to
BETRS.
7. Offshore Radiotelephone Service Rules
90. Subpart I of part 22--which includes Sec. Sec. 22.1001,
22.1003, 22.1005, 22.1007, 22.1009, 22.1011, 22.1013, 22.1015, 22.1025,
22.1031, 22.1035, and 22.1037--governs the licensing and operation of
Offshore Radiotelephone Service (ORS) stations. These stations provide
telephone service to subscribers located on oil exploration and
production platforms in the Gulf of Mexico. At this time, we take no
action on the majority of the rules in this Subpart, and we will
revisit the ORS rules at another time. We also revise Sec. 22.1003, to
revise the eligibility requirements to eliminate references to ``common
carriers'' and instead to rely on language similar to that used in
parts 24 and 27 (``[a]ny entity, other than those precluded by section
310 of the Communications Act of 1934, as amended, 47 U.S.C. 310, * * *
is eligible to hold a license under this part'').
Procedural Matters
Final Regulatory Flexibility Analysis
91. As required by the Regulatory Flexibility Act of 1980, as
amended (RFA), an Initial Regulatory Flexibility Analysis (IRFA) was
incorporated in the Notice of Proposed Rulemaking (Notice) in this
proceeding, WT Docket No. 03-103. The Commission sought written public
comment on the proposals in the Notice, including comment on the IRFA.
This present Final Regulatory Flexibility Analysis (FRFA) conforms to
the RFA.
D. Need for, and Objectives of, the Report and Order
92. The Report and Order addresses revision of the rules and
spectrum band plan for the 800 MHz commercial Air-Ground Radiotelephone
Service spectrum. A total of four megahertz of spectrum is currently
allocated for this service. Although the Commission originally licensed
six operators to provide service in this band on a shared basis using
narrowband channels, only one licensee (Verizon Airfone) continues to
operate in the band. Its operations are subject to a number of specific
technical requirements designed to facilitate sharing among licensees.
Given the constraints on current operations in this band and the
changing demands of the public with respect to wireless
telecommunications services, the Notice requested comment on how best
to reconfigure this band and revise the related service rules in order
to meet consumer needs and promote flexible, competitive use of this
spectrum.
93. The Report and Order makes available new nationwide air-ground
licenses in three band configurations: (1) Band plan 1, comprised of
two overlapping, shared, cross-polarized 3 MHz licenses (licenses A and
B, respectively), (2) band plan 2, comprised of an exclusive 3 MHz
license and an exclusive 1 MHz license (licenses C and D,
respectively), and (3) band plan 3, comprised of an exclusive 1 MHz
license and an exclusive 3 MHz license (licenses E and F,
respectively), with the blocks at opposite ends of the band from the
second configuration. Licenses will have a 10-year term. Licenses will
be awarded to winning bidders for the licenses comprising the
configuration that receives the highest aggregate gross bid, subject to
long-form license application review.
94. The Report and Order also takes action on a range of proposals
for updating the Commission's part 1, 22, and 90 rules. Some of these
steps are taken pursuant to the Commission's biennial review
obligations as well as to implement the results of staff review of the
part 22 non-cellular rules. The Report and Order revises and eliminates
many rule sections in light of technological change, increased
competition in Commercial Mobile Radio Services, supervening changes to
the Commission's rules, or a combination of factors. These rule changes
also include actions to harmonize the treatment of various wireless
services.
E. Summary of Significant Issues Raised by Public Comments in Response
to the IRFA
95. We received no comments in response to the IRFA. As described
in section E below, we have nonetheless considered potential
significant economic impacts of our actions on small entities.
F. Description and Estimate of the Number of Small Entities to Which
Rules Will Apply
96. 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 rules adopted herein. The RFA generally 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. A ``small business concern'' is one which: (1) Is independently
owned and operated; (2) is not dominant in its field of operation;
[[Page 19304]]
and (3) satisfies any additional criteria established by the Small
Business Administration (SBA).
97. Wireless Service Providers. The SBA has developed a small
business size standard for wireless firms within the two broad economic
census categories of ``Paging'' and ``Cellular and Other Wireless
Telecommunications.'' Under both SBA categories, a wireless business is
small if it has 1,500 or fewer employees. For the census category of
Paging, Census Bureau data for 1997 show that there were 1,320 firms in
this category, total, that operated for the entire year. Of this total,
1,303 firms had employment of 999 or fewer employees, and an additional
17 firms had employment of 1,000 employees or more. Thus, under this
category and associated small business size standard, the great
majority of firms can be considered small. For the census category
Cellular and Other Wireless Telecommunications, Census Bureau data for
1997 show that there were 977 firms in this category, total, that
operated for the entire year. Of this total, 965 firms had employment
of 999 or fewer employees, and an additional 12 firms had employment of
1,000 employees or more. Thus, under this second category and size
standard, the great majority of firms can, again, be considered small.
98. Cellular Licensees. As noted, the SBA has developed a small
business size standard for wireless firms within the broad economic
census category ``Cellular and Other Wireless Telecommunications.''
Under this SBA category, a wireless business is small if it has 1,500
or fewer employees. For the census category Cellular and Other Wireless
Telecommunications firms, Census Bureau data for 1997 show that there
were 977 firms in this category, total, that operated for the entire
year. Of this total, 965 firms had employment of 999 or fewer
employees, and an additional 12 firms had employment of 1,000 employees
or more. Thus, under this category and size standard, the great
majority of firms can be considered small. According to the most recent
Trends in Telephone Service data, 719 carriers reported that they were
engaged in the provision of cellular service, personal communications
service, or specialized mobile radio telephony services, which are
placed together in the data. We have estimated that 294 of these are
small, under the SBA small business size standard.
99. Common Carrier Paging. The SBA has developed a small business
size standard for wireless firms within the broad economic census
categories of ``Cellular and Other Wireless Telecommunications.'' Under
this SBA category, a wireless business is small if it has 1,500 or
fewer employees. For the census category of Paging, Census Bureau data
for 1997 show that there were 1,320 firms in this category, total, that
operated for the entire year. Of this total, 1,303 firms had employment
of 999 or fewer employees, and an additional 17 firms had employment of
1,000 employees or more. Thus, under this category and associated small
business size standard, the great majority of firms can be considered
small.
100. In the Paging Second Report and Order, 62 FR 11616, March 12,
1997, the Commission adopted a size standard for ``small businesses''
for purposes of determining their eligibility for special provisions
such as bidding credits and installment payments. A small business is
an entity that, together with its affiliates and controlling
principals, has average gross revenues not exceeding $15 million for
the preceding three years. The SBA has approved this definition. An
auction of Metropolitan Economic Area (MEA) licenses commenced on
February 24, 2000, and closed on March 2, 2000. Of the 2,499 licenses
auctioned, 985 were sold. Fifty-seven companies claiming small business
status won 440 licenses. An auction of MEA and Economic Area (EA)
licenses commenced on October 30, 2001, and closed on December 5, 2001.
Of the 15,514 licenses auctioned, 5,323 were sold. One hundred thirty-
two companies claiming small business status purchased 3,724 licenses.
A third auction, consisting of 8,874 licenses in each of 175 EAs and
1,328 licenses in all but three of the 51 MEAs commenced on May 13,
2003, and closed on May 28, 2003. Seventy-seven bidders claiming small
or very small business status won 2,093 licenses. Currently, there are
approximately 74,000 Common Carrier Paging licenses. According to the
most recent Trends in Telephone Service, 608 private and common
carriers reported that they were engaged in the provision of either
paging or ``other mobile'' services. Of these, we estimate that 589 are
small, under the SBA-approved small business size standard. We estimate
that the majority of common carrier paging providers would qualify as
small entities under the SBA definition.
101. Offshore Radiotelephone Service. This service operates on
several ultra high frequency (UHF) television broadcast channels that
are not used for television broadcasting in the coastal areas of states
bordering the Gulf of Mexico. There are currently approximately 55
licensees in this service. We are unable to estimate at this time the
number of licensees that would qualify as small under the SBA's small
business size standard for ``Cellular and Other Wireless
Telecommunications'' services. Under that SBA small business size
standard, a business is small if it has 1,500 or fewer employees.
102. Rural Radiotelephone Service. The Commission has not adopted a
size standard for small businesses specific to the Rural Radiotelephone
Service. A significant subset of the Rural Radiotelephone Service is
the Basic Exchange Telephone Radio System (BETRS). The Commission uses
the SBA's small business size standard applicable to ``Cellular and
Other Wireless Telecommunications,'' i.e., an entity employing no more
than 1,500 persons. There are approximately 1,000 licensees in the
Rural Radiotelephone Service, and the Commission estimates that there
are 1,000 or fewer small entity licensees in the Rural Radiotelephone
Service that may be affected by the rules and policies proposed herein.
103. Air-Ground Radiotelephone Service. The Commission has not
adopted a small business size standard specific to the Air-Ground
Radiotelephone Service. Again, we note that SBA has a small business
size standard applicable to ``Cellular and Other Wireless
Telecommunications,'' i.e., an entity employing no more than 1,500
persons. There are approximately 100 licensees in the Air-Ground
Radiotelephone Service, and we estimate that almost all of them qualify
as small under the SBA small business size standard. (See also the
Notice and associated IRFA in this proceeding, which describe two
proposed small business size standards for the commercial Air-Ground
Radiotelephone Service.)
104. Wireless Communications Equipment Manufacturers. Some of the
actions in the Report and Order could also benefit equipment
manufacturers. The SBA has established a small business size standard
for Radio and Television Broadcasting and Wireless Communications
Equipment Manufacturing. Examples of products in this category include
``transmitting and receiving antennas, cable television equipment, GPS
equipment, pagers, cellular phones, mobile communications equipment,
and radio and television studio and broadcasting equipment'' and may
include other devices that transmit and receive IP-enabled services,
such as personal digital assistants (PDAs). Under the SBA size
standard, firms are considered small if they have 750 or fewer
[[Page 19305]]
employees. According to Census Bureau data for 1997, there were 1,215
establishments in this category that operated for the entire year. Of
those, there were 1,150 that had employment of under 500, and an
additional 37 that had employment of 500 to 999. The percentage of
wireless equipment manufacturers in this category was approximately
61.35%, so we estimate that the number of wireless equipment
manufacturers with employment of under 500 was actually closer to 706,
with and additional 23 establishments having employment of between 500
and 999. Consequently, we estimate that the majority of wireless
communications equipment manufacturers are small entities that may be
affected by our action.
G. Description of Projected Reporting, Recordkeeping and Other
Compliance Requirements
105. In this Report and Order, we are not adopting any new rules
that would add reporting, recordkeeping, or other compliance
requirements. We only modify or eliminate certain rules, thereby
eliminating economic burdens for small and other sized entities. For
example, we amend Sec. 1.929(c)(1) of our rules to specify that
expansion of a composite interference contour (CIC) of a site-based
licensee in the Paging and Radiotelephone Service--as well as the Rural
Radiotelephone Service and 800 MHz Specialized Mobile Radio Service--
over water on a secondary, non-interference basis should be classified
as a minor (rather than major) modification of license. Such
reclassification should substantially reduce the filing requirements
associated with these license modifications.
H. Steps Taken To Minimize Significant Economic Impact on Small
Entities, And Significant Alternatives Considered
106. The RFA requires an agency to describe any significant
alternatives that it has considered in developing its 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 and reporting requirements under the rule for such 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
such small entities.''
107. We do not anticipate any adverse impact on small entities
resulting from either reconfiguration of the 800 MHz Air-Ground
Radiotelephone Service band plan or revision of the related service
rules. Currently, there is only one licensee in this band and demand
for its service has markedly declined. The flexible approach to
reconfiguration of the 800 MHz air-ground band adopted in the Report
and Order will promote our goal of facilitating the highest valued use
of this spectrum, resulting in the provision of wireless communications
services that better meet the needs of the traveling public onboard
aircraft.
108. In order to promote competition in the 800 MHz air-ground
band, the Report and Order prohibits any party from obtaining a
controlling interest, either at auction or by a post-auction
transaction, in more than three megahertz of spectrum (either shared or
exclusive) in the band. No single entity, therefore, may hold more than
one license in any of the available band configurations. The Report and
Order adopts limited technical constraints in order to provide the
eventual licensees with significant operational flexibility to provide
broadband telecommunications services to commercial airline passengers
and others while onboard aircraft. We note that the technical rules
will, among other things, ensure that operations in this band do not
cause harmful interference to adjacent bands, including cellular, SMR,
and public safety. The Report and Order provides that future licensees
in the 800 MHz air-ground band, as well as other interested parties,
will have the opportunity to engage in spectrum leasing under the
Commission's rules. Future licensees will also be permitted to engage
in partitioning and/or disaggregation of their licenses. These
regulatory opportunities are intended to provide the air-ground
marketplace greater flexibility to respond to consumer demand. The
regulatory approach adopted in the Report and Order will benefit both
small and large entities.
109. Regarding the modification or elimination of rules stemming
from our Biennial Regulatory Review responsibilities, we do not
anticipate any adverse impact on small entities. To the contrary, to
the extent that there is any direct impact at all, streamlining and
harmonizing technical and operational rules should result in decreasing
regulatory burdens that benefit both small and large entities.
I. Report to Congress
110. The Commission will send a copy of the Report and Order,
including this FRFA, in a report to be sent to Congress pursuant to the
Congressional Review Act. In addition, the Commission will send a copy
of the Report and Order, including this FRFA, to the Chief Counsel for
Advocacy of the SBA.
Ordering Clauses
111. Pursuant to the authority contained in sections 1, 4(i), 11,
303(r) and (y), 308, 309, and 332 of the Communications Act of 1934, as
amended, 47 U.S.C. 151, 154(i), 161, 303(r), 303(y), 308, 309, and 332,
this Report and Order is hereby adopted, and parts 1, 22, and 90 of the
Commission's rules are amended accordingly.
112. Pursuant to sections 4(i), 301, and 307 of the Communications
Act, as amended, 47 U.S.C. 154(i), 301, and 307, a new license for
Station KNKG804, is granted to Verizon Airfone Inc. for a five-year
non-renewable term in accordance with the terms and conditions set
forth above (file no. 0001716212).
List of Subjects
47 CFR Part 1
Administrative practice and procedure, Communications common
carriers, Radio, Reporting and Recordkeeping requirements,
Telecommunications.
47 CFR Part 22
Communications common carriers, Radio.
47 CFR Part 90
Business and Industry, Common carriers, Radio, Reporting and
recordkeeping requirements.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
Rule Changes
0
For the reasons discussed in the preamble, the Federal Communications
Commission proposes to amend 47 CFR parts 1, 22, and 90 as follows:
PART 1--PRACTICE AND PROCEDURE
0
1. The authority citation for part 1 continues to read as follows:
Authority: 15 U.S.C. 79 et seq.; 47 U.S.C. 151, 154(i), 154(j),
155, 157, 225, and 303(r).
0
2. In Sec. 1.903, revise paragraph (c) to read as follows:
Sec. 1.903 Authorization required.
* * * * *
(c) Subscribers. Authority for subscribers to operate mobile or
fixed stations in the Wireless Radio Services,
[[Page 19306]]
except for certain stations in the Rural Radiotelephone Service, is
included in the authorization held by the licensee providing service to
them. Subscribers are not required to apply for, and the Commission
does not accept, applications from subscribers for individual mobile or
fixed station authorizations in the Wireless Radio Services. Individual
authorizations are required to operate rural subscriber stations in the
Rural Radiotelephone Service, except as provided in Sec. 22.703 of
this chapter. Individual authorizations are required for end users of
certain Specialized Mobile Radio Systems as provided in Sec. 90.655 of
this chapter. In addition, certain ships and aircraft are required to
be individually licensed under parts 80 and 87 of this chapter. See
Sec. Sec. 80.13, 87.18 of this chapter.
0
3. In Sec. 1.929, revise paragraph (c)(1) to read as follows:
Sec. 1.929 Classification of filings as major or minor.
* * * * *
(c) * * *
(1) In the Paging and Radiotelephone Service, Rural Radiotelephone
Service and 800 MHz Specialized Mobile Radio Service (SMR), any change
that would increase or expand the applicant's existing composite
interference contour, except extensions of a composite interference
contour over bodies of water that extend beyond county boundaries
(i.e., including but not limited to oceans, the Gulf of Mexico, and the
Great Lakes) on a secondary basis.
* * * * *
0
4. Add Sec. 1.958 to read as follows:
Sec. 1.958 Distance computation.
The method given in this section must be used to compute the
distance between any two locations, except that, for computation of
distance involving stations in Canada and Mexico, methods for distance
computation specified in the applicable international agreement, if
any, must be used instead. The result of a distance calculation under
parts 21 and 101 of this chapter must be rounded to the nearest tenth
of a kilometer. The method set forth in this paragraph is considered to
be sufficiently accurate for distances not exceeding 475 km (295
miles).
(a) Convert the latitudes and longitudes of each reference point
from degree-minute-second format to degree-decimal format by dividing
minutes by 60 and seconds by 3600, then adding the results to degrees.
[GRAPHIC] [TIFF OMITTED] TR13AP05.008
(b) Calculate the mean geodetic latitude between the two reference
points by averaging the two latitudes:
[GRAPHIC] [TIFF OMITTED] TR13AP05.009
(c) Calculate the number of kilometers per degree latitude
difference for the mean geodetic latitude calculated in paragraph (b)
of this section as follows:
KPDlat = 111.13209 - 0.56605 cos 2ML + 0.00120 cos 4ML
(d) Calculate the number of kilometers per degree of longitude
difference for the mean geodetic latitude calculated in paragraph (b)
of this section as follows:
KPDlon = 111.41513 cos 5ML - 0.09455 cos 3ML + 0.00012 cos
5ML
(e) Calculate the North-South distance in kilometers as follows:
NS = KPDlat x (LAT1dd - LAT2dd)
(f) Calculate the East-West distance in kilometers as follows:
EW = KPDlon x (LON1dd - LON2dd)
(g) Calculate the distance between the locations by taking the
square root of the sum of the squares of the East-West and North-South
distances:
[GRAPHIC] [TIFF OMITTED] TR13AP05.010
(h) Terms used in this section are defined as follows:
(1) LAT1dd and LON1dd are the coordinates of
the first location in degree-decimal format.
(2) LAT2dd and LON2dd are the coordinates of
the second location in degree-decimal format.
(3) ML is the mean geodetic latitude in degree-decimal format.
(4) KPDlat is the number of kilometers per degree of
latitude at a given mean geodetic latitude.
(5) KPDlon is the number of kilometers per degree of
longitude at a given mean geodetic latitude.
(6) NS is the North-South distance in kilometers.
(7) EW is the East-West distance in kilometers.
(8) DIST is the distance between the two locations, in kilometers.
0
5. Add Sec. 1.959 to read as follows:
Sec. 1.959 Computation of average terrain elevation.
Except as otherwise specified in Sec. 90.309(a)(4) of this
chapter, average terrain elevation must be calculated by computer using
elevations from a 30 second point or better topographic data file. The
file must be identified. If a 30 second point data file is used, the
elevation data must be processed for intermediate points using
interpolation techniques; otherwise, the nearest point may be used. In
cases of dispute, average terrain elevation determinations can also be
done manually, if the results differ significantly from the computer
derived averages.
(a) Radial average terrain elevation is calculated as the average
of the elevation along a straight line path from 3 to 16 kilometers (2
and 10 miles) extending radially from the antenna site. If a portion of
the radial path extends over foreign territory or water, such portion
must not be included in the computation of average elevation unless the
radial path again passes over United States land between 16 and 134
kilometers (10 and 83 miles) away from the station. At least 50 evenly
spaced data points for each radial should be used in the computation.
(b) Average terrain elevation is the average of the eight radial
average terrain elevations (for the eight cardinal radials).
(c) For locations in Dade and Broward Counties, Florida, the method
prescribed above may be used or average terrain elevation may be
assumed to be 3 meters (10 feet).
Sec. 1.1102 [Amended]
0
6. In the table in Sec. 1.1102, revise page 19 of the table by
removing row entry 16.h. ``Air Ground Individual''. The revised page 19
is set forth below.
[[Page 19307]]
[GRAPHIC] [TIFF OMITTED] TR13AP05.011
Sec. 1.2003 [Amended]
0
7. In Sec. 1.2003, remove the entry for ``FCC 409 Airborne Mobile
Radio Telephone License Application;''.
PART 22--PUBLIC MOBILE SERVICES
0
8. The authority citation for part 22 continues to read as follows:
Authority: 47 U.S.C. 154, 222, 303, 309 and 332.
0
9. In Sec. 22.1, revise paragraph (b) to read as follows:
Sec. 22.1 Basis and purpose.
* * * * *
(b) Purpose. The purpose of these rules is to establish the
requirements and conditions under which radio stations may be licensed
and used in the Public Mobile Services.
0
10. In Sec. 22.3, revise paragraph (b) to read as follows:
Sec. 22.3 Authorization required.
* * * * *
(b) Authority for subscribers to operate mobile or fixed stations
in the Public Mobile Services, except for certain stations in the Rural
Radiotelephone Service, is included in the authorization held by the
licensee providing service to them. Subscribers are not required to
apply for, and the FCC does not accept applications from subscribers
for, individual mobile or fixed station authorizations in the Public
Mobile Services, except that individual authorizations are required to
operate rural subscriber stations in the Rural Radiotelephone Service
under certain circumstances. See Sec. 22.703.
0
11. Revise Sec. 22.7 to read as follows:
Sec. 22.7 General eligibility.
Any entity, other than those precluded by section 310 of the
Communications Act of 1934, as amended, 47 U.S.C. 310, is eligible to
hold a license under this part. Applications are granted only if the
applicant is legally, financially, technically and otherwise qualified
to render the proposed service.
0
12. Amend in Sec. 22.99, by revising the definitions for ``Air-Ground
Radiotelephone Service'', ``Cellular Radiotelephone Service'',
``Channel'', ``Communications channel'', ``Control
[[Page 19308]]
channel'', ``Ground station'', ``Offshore Radiotelephone Service'',
``Public Mobile Services'', and ``Rural Radiotelephone Service'', and
by removing the terms ``Meteor burst propagation mode'', ``Radio Common
Carrier'', and ``Wireline Common Carrier'' to read as follows:
Sec. 22.99 Definitions.
Air-Ground Radiotelephone Service. A radio service in which
licensees are authorized to offer and provide radio telecommunications
service for hire to subscribers in aircraft.
* * * * *
Cellular Radiotelephone Service. A radio service in which licensees
are authorized to offer and provide cellular service for hire to the
general public. This service was formerly titled Domestic Public
Cellular Radio Telecommunications Service.
* * * * *
Channel. The portion of the electromagnetic spectrum assigned by
the FCC for one emission. In certain circumstances, however, more than
one emission may be transmitted on a channel.
* * * * *
Communications channel. In the Cellular Radiotelephone and Air-
Ground Radiotelephone Services, a channel used to carry subscriber
communications.
* * * * *
Control channel. In the Cellular Radiotelephone Service and the
Air-Ground Radiotelephone Service, a channel used to transmit
information necessary to establish or maintain communications. In the
other Public Mobile Services, a channel that may be assigned to a
control transmitter.
* * * * *
Ground station. In the Air-Ground Radiotelephone Service, a
stationary transmitter that provides service to airborne mobile
stations.
* * * * *
Offshore Radiotelephone Service. A radio service in which licensees
are authorized to offer and provide radio telecommunication services
for hire to subscribers on structures in the offshore coastal waters of
the Gulf of Mexico.
* * * * *
Public Mobile Services. Radio services in which licensees are
authorized to offer and provide mobile and related fixed radio
telecommunication services for hire to the public.
* * * * *
Rural Radiotelephone Service. A radio service in which licensees
are authorized to offer and provide radio telecommunication services
for hire to subscribers in areas where it is not feasible to provide
communication services by wire or other means.
* * * * *
0
13. Revise paragraph (d)(4) of Sec. 22.143 to read as follows:
Sec. 22.143 Construction prior to grant of application.
* * * * *
(d) * * *
(4) For any construction or alteration that would exceed the
requirements of Sec. 17.7 of this chapter, the licensee has notified
the appropriate Regional Office of the Federal Aviation Administration
(FAA Form 7460-1), filed a request for antenna height clearance and
obstruction marking and lighting specifications (FCC Form 854) with the
FCC at WTB, Spectrum Management Resources and Technologies Division,
1270 Fairfield Road, Gettysburg, PA 17325, or electronically via the
FCC Antenna Structure Registration home page, wireless.fcc.gov/
antenna/.
* * * * *
Sec. 22.157 [Removed]
0
14. Remove Sec. 22.157.
Sec. 22.159 [Removed]
0
15. Remove Sec. 22.159.
Sec. 22.161 [Removed]
0
16. Remove Sec. 22.161.
Sec. 22.313 [Amended]
0
17. Remove and reserve paragraphs (a)(3) and (a)(5) of Sec. 22.313.
0
18. Revise Sec. 22.351 to read as follows:
Sec. 22.351 Channel assignment policy.
The channels allocated for use in the Public Mobile Services are
listed in the applicable subparts of this part. Channels and channel
blocks are assigned in such a manner as to facilitate the rendition of
service on an interference-free basis in each service area. Except as
otherwise provided in this part, each channel or channel block is
assigned exclusively to one licensee in each service area. All
applicants for, and licensees of, stations in the Public Mobile
Services shall cooperate in the selection and use of channels in order
to minimize interference and obtain the most efficient use of the
allocated spectrum.
0
19. In Sec. 22.352, revise the first sentence of the introductory
text, to read as follows:
Sec. 22.352 Protection from interference.
Public Mobile Service stations operating in accordance with
applicable FCC rules and the terms and conditions of their
authorizations are normally considered to be non-interfering. * * *
* * * * *
0
20. Revise Sec. 22.357 to read as follows:
Sec. 22.357 Emission types.
Any authorized station in the Public Mobile Services may transmit
emissions of any type(s) that comply with the applicable emission rule,
i.e. Sec. 22.359, Sec. 22.861 or Sec. 22.917.
0
21. Revise Sec. 22.359 to read as follows:
Sec. 22.359 Emission limitations.
The rules in this section govern the spectral characteristics of
emissions in the Public Mobile Services, except for the Air-Ground
Radiotelephone Service (see Sec. 22.861, instead) and the Cellular
Radiotelephone Service (see Sec. 22.917, instead).
(a) Out of band emissions. The power of any emission outside of the
authorized operating frequency ranges must be attenuated below the
transmitting power (P) by a factor of at least 43 + 10 log (P) dB.
(b) Measurement procedure. Compliance with these rules is based on
the use of measurement instrumentation employing a resolution bandwidth
of 30 kHz or more. In the 60 kHz bands immediately outside and adjacent
to the authorized frequency range or channel, a resolution bandwidth of
at least one percent of the emission bandwidth of the fundamental
emission of the transmitter may be employed. A narrower resolution
bandwidth is permitted in all cases to improve measurement accuracy
provided the measured power is integrated over the full required
measurement bandwidth (i.e., 30 kHz or 1 percent of emission bandwidth,
as specified). The emission bandwidth is defined as the width of the
signal between two points, one below the carrier center frequency and
one above the carrier center frequency, outside of which all emissions
are attenuated at least 26 dB below the transmitter power.
(c) Alternative out of band emission limit. Licensees in the Public
Mobile Services may establish an alternative out of band emission limit
to be used at specified frequencies (band edges) in specified
geographical areas, in lieu of that set forth in this section, pursuant
to a private contractual arrangement of all affected licensees and
applicants. In this event, each party to such contract shall maintain a
copy of the contract in their station files and disclose it to
prospective assignees or transferees and, upon request, to the FCC.
(d) Interference caused by out of band emissions. If any emission
from a
[[Page 19309]]
transmitter operating in any of the Public Mobile Services results in
interference to users of another radio service, the FCC may require a
greater attenuation of that emission than specified in this section.
Sec. 22.361 [Removed]
0
22. Remove Sec. 22.361.
Sec. 22.363 [Removed]
0
23. Remove Sec. 22.363.
Sec. 22.367 [Removed]
0
24. Remove Sec. 22.367.
Sec. 22.373 [Removed]
0
25. Remove Sec. 22.373.
Sec. 22.379 [Removed]
0
26. Remove Sec. 22.379.
Sec. 22.381 [Removed]
0
27. Remove Sec. 22.381.
0
28. In Sec. 22.401, the first sentence of the introductory text is
revised to read as follows:
Sec. 22.401 Description and purposes of developmental authorizations.
Eligible entities (see Sec. 22.7) may apply for, and the FCC may
grant, authority to construct and operate one or more transmitters
subject to the rules in this subpart and other limitations, waivers
and/or conditions that may be prescribed. * * *
* * * * *
Sec. 22.411 [Removed]
0
29. Remove Sec. 22.411.
Sec. 22.415 [Removed]
0
30. Remove Sec. 22.415.
Sec. 22.417 [Removed]
0
31. Remove Sec. 22.417.
Sec. 22.531 [Amended]
0
32. Remove and reserve paragraphs (a) and (b) of Sec. 22.531.
Sec. 22.539 [Removed]
0
33. Remove Sec. 22.539.
Sec. 22.551 [Removed]
0
34. Remove Sec. 22.551.
Sec. 22.563 [Removed]
0
35. Remove Sec. 22.563.
Sec. 22.565 [Amended]
0
36. Remove paragraph (g) of Sec. 22.565.
Sec. 22.569 [ Removed]
0
37. Remove Sec. 22.569.
Sec. 22.577 [Removed]
0
38. Remove Sec. 22.577.
Sec. 22.591 [Amended]
0
39. In Sec. 22.591, in the introductory text, remove the table
entitled ``Microwave channels'', and remove and reserve paragraph (b).
0
40. Revise Sec. 22.593 to read as follows:
Sec. 22.593 Effective radiated power limits.
The effective radiated power of fixed stations operating on the
channels listed in Sec. 22.591 must not exceed 150 Watts. The
equivalent isotropically radiated power of existing fixed microwave
stations (2110-2130 and 2160-2180 MHz) licensed under this part
(pursuant to former rules) must not exceed the applicable limits set
forth in Sec. 101.113 of this chapter.
0
41. Revise the section heading and introductory text of Sec. 22.601 to
read as follows:
Sec. 22.601 Existing microwave stations licensed under this part.
Existing microwave stations (2110-2130 and 2160-2180 MHz) licensed
under this part (pursuant to former rules) are subject to the
transition rules in Sec. 22.602. No new microwave systems will be
authorized under this part.
* * * * *
0
42. Revise the introductory paragraph of Sec. 22.602 to read as
follows:
Sec. 22.602 Transition of the 2110-2130 and 2160-2180 MHz channels to
emerging technologies.
The 2110-2130 and 2160-2180 MHz microwave channels formerly listed
in Sec. 22.591 have been re-allocated for use by emerging technologies
(ET) services. No new systems will be authorized under this part. The
rules in this section provide for a transition period during which
existing Paging and Radiotelephone Service (PARS) licensees using these
channels may relocate operations to other media or to other fixed
channels, including those in other microwave bands. For PARS licensees
relocating operations to other microwave bands, authorization must be
obtained under part 101 of this chapter.
* * * * *
0
43. Revise paragraph (a) of Sec. 22.625 to read as follows:
Sec. 22.625 Transmitter locations.
* * * * *
(a) 928-960 MHz. In this frequency range, the required minimum
distance separation between co-channel fixed transmitters is 113
kilometers (70 miles).
* * * * *
Sec. 22.655 [Removed]
0
44. Remove Sec. 22.655.
0
45. In Sec. 22.725, revise section heading, the first sentence of the
introductory text, and by removing paragraph (c) to read as follows:
Sec. 22.725 Channels for conventional rural radiotelephone stations
and basic exchange telephone radio systems.
The following channels are allocated for paired assignment to
transmitters that provide conventional rural radiotelephone service and
to transmitters in basic exchange telephone radio systems. * * *
* * * * *
Sec. 22.727 [Amended]
0
46. Remove paragraph (f) of Sec. 22.727.
Sec. 22.729 [Removed]
0
47. Remove Sec. 22.729.
0
48. Revise Sec. 22.757 to read as follows:
Sec. 22.757 Channels for basic exchange telephone radio systems.
The channels listed in Sec. 22.725 are also allocated for paired
assignment to transmitters in basic exchange telephone radio systems.
0
49. Revise Sec. 22.801 to read as follows:
Sec. 22.801 Scope.
The rules in this subpart govern the licensing and operation of
air-ground stations and systems. The licensing and operation of these
stations and systems is also subject to rules elsewhere in this part
and in part 1 of this chapter that generally apply to the Public Mobile
Services. In case of conflict, however, the rules in this subpart
govern.
0
50. Section 22.803 is amended as follows:
0
a. Redesignate Sec. 22.803 as Sec. 22.807.
0
b. Revise the newly designated section heading.
0
c. Revise the introductory text.
0
d. Revise paragraphs (b)(1) and (b)(2).
0
e. Remove paragraph (c).
The revisions read as follows:
Sec. 22.807 General aviation air-ground station application
requirements.
In addition to the information required by subparts B and D of this
part, FCC Form 601 applications for authorization to operate a general
aviation air-ground station must contain the applicable supplementary
information described in this section.
* * * * *
(b) Technical information. The following information is required by
FCC Form 601.
(1) Location description, city, county, state, geographic
coordinates (NAD83) correct to 1 second, site elevation
above mean sea level, proximity to adjacent market boundaries and
international borders;
[[Page 19310]]
(2) Antenna height to tip above ground level, antenna gain in the
maximum lobe, the electric field polarization of the wave emitted by
the antenna when installed as proposed;
* * * * *
Sec. 22.811 [Removed]
0
51. Remove Sec. 22.811.
0
52. Revise Sec. 22.815 to read as follows:
Sec. 22.815 Construction period for general aviation ground stations.
The construction period (see Sec. 1.946 of this chapter) for
general aviation ground stations is 12 months.
Sec. 22.819 [Removed]
0
53. Remove Sec. 22.819.
0
54. Add Sec. 22.853 to read as follows:
Sec. 22.853 Eligibility to hold interest in licenses limited to 3 MHz
of spectrum.
No individual or entity may hold, directly or indirectly, a
controlling interest in licenses authorizing the use of more than three
megahertz of spectrum (either shared or exclusive) in the 800 MHz
commercial aviation Air-Ground Radiotelephone Service frequency bands
(see Sec. 22.857). Individuals and entities with either de jure or de
facto control of a licensee in these bands will be considered to have a
controlling interest in its license(s). For purposes of this rule, the
definitions of ``controlling interests'' and ``affiliate'' set forth in
paragraphs (c)(2) and (c)(5) of Sec. 1.2110 of this chapter shall
apply.
0
55. Revise Sec. 22.857 introductory text to read as follows:
Sec. 22.857 Frequency bands.
The 849-851 MHz and 894-896 MHz frequency bands are designated for
paired nationwide exclusive assignment to the licensee or licensees of
systems providing radio telecommunications service, including voice
and/or data service, to persons on board aircraft. Air-ground systems
operating in these frequency bands are referred to in this part as
``commercial aviation'' systems.
* * * * *
0
56. Revise Sec. 22.859 to read as follows:
Sec. 22.859 Incumbent commercial aviation air-ground systems.
This section contains rules concerning continued operation of
commercial aviation air-ground systems that were originally authorized
prior to January 1, 2004 to provide radiotelephone service using
narrowband (6 kHz) channels, and that have been providing service
continuously since the original commencement of service (hereinafter
``incumbent systems'').
(a) An incumbent system may continue to operate under its
authorization, for the remaining term of such authorization, subject to
the terms and conditions attached thereto. Wherever such technical and
operational conditions differ from technical and operational rules in
this subpart, those conditions shall govern its operations.
(b) Notwithstanding any other provision in this chapter, the
licensee of an incumbent system shall not be entitled to an expectation
of renewal of said authorization.
(c) During the period that an incumbent system continues to operate
and provide service pursuant to paragraph (a) of this section, air-
ground systems of licensees holding a new authorization for the
spectrum within which the incumbent system operates must not cause
interference to the incumbent system. Protection from interference
requires that the signals of the new systems must not exceed a ground
station received power of -130 dBm within a 6 kHz receive bandwidth,
calculated assuming a 0 dBi vertically polarized receive antenna.
0
57. Revise Sec. 22.861 to read as follows:
Sec. 22.861 Emission limitations.
The rules in this section govern the spectral characteristics of
emissions for commercial aviation systems in the Air-Ground
Radiotelephone Service. Commercial aviation air-ground systems may use
any type of emission or technology that complies with the technical
rules in this subpart.
(a) Out of band emissions. The power of any emission outside of the
authorized operating frequency ranges must be attenuated below the
transmitting power (P) by a factor of at least 43 + 10 log (P) dB.
(b) Measurement procedure. Compliance with these rules is based on
the use of measurement instrumentation employing a resolution bandwidth
of 100 kHz or greater. In the 1 MHz bands immediately outside and
adjacent to the frequency block a resolution bandwidth of at least one
percent of the emission bandwidth of the fundamental emission of the
transmitter may be employed. A narrower resolution bandwidth is
permitted in all cases to improve measurement accuracy provided the
measured power is integrated over the full required measurement
bandwidth (i.e., 100 kHz or 1 percent of emission bandwidth, as
specified). The emission bandwidth is defined as the width of the
signal between two points, one below the carrier center frequency and
one above the carrier center frequency, outside of which all emissions
are attenuated at least 26 dB below the transmitter power.
(c) Alternative out of band emission limit. The licensee(s) of
commercial aviation air-ground systems, together with affected
licensees of Cellular Radiotelephone Service systems operating in the
spectrum immediately below and adjacent to the commercial aviation air-
ground bands, may establish an alternative out of band emission limit
to be used at the 849 MHz and 894 MHz band edge(s) in specified
geographical areas, in lieu of that set forth in this section, pursuant
to a private contractual arrangement of all affected licensees and
applicants. In this event, each party to such contract shall maintain a
copy of the contract in their station files and disclose it to
prospective assignees or transferees and, upon request, to the FCC.
(d) Interference caused by out of band emissions. If any emission
from a transmitter operating in this service results in interference to
users of another radio service, the FCC may require a greater
attenuation of that emission than specified in this section.
0
58. Revise Sec. 22.863 to read as follows:
Sec. 22.863 Frequency stability.
The frequency stability of equipment used under this subpart shall
be sufficient to ensure that, after accounting for Doppler frequency
shifts, the occupied bandwidth of the fundamental emissions remains
within the authorized frequency bands of operation.
Sec. 22.865 [Removed]
0
59. Remove Sec. 22.865.
0
60. Revise Sec. 22.867 to read as follows:
Sec. 22.867 Effective radiated power limits.
The effective radiated power (ERP) of ground and airborne stations
operating on the frequency ranges listed in Sec. 22.857 must not
exceed the limits in this section.
(a) The peak ERP of airborne mobile station transmitters must not
exceed 12 Watts.
(b) The peak ERP of ground station transmitters must not exceed 500
Watts.
Sec. 22.869 [Removed]
0
61. Remove Sec. 22.869.
Sec. 22.871 [Removed]
0
62. Remove Sec. 22.871.
0
63. Revise Sec. 22.873 to read as follows:
Sec. 22.873 Construction requirements for commercial aviation air-
ground systems.
Licensees authorized to use more than one megahertz (1 MHz) of the
800 MHz commercial aviation air-ground
[[Page 19311]]
spectrum allocation (see Sec. 22.857) must make a showing of
``substantial service''' as set forth in this section. Failure by any
such licensee to meet this requirement will result in forfeiture of the
license and the licensee will be ineligible to regain it. Licensees
authorized to use one megahertz or less of the 800 MHz commercial
aviation air-ground spectrum allocation are not subject to the
requirements in this section.
(a) ``Substantial service'' is defined as service that is sound,
favorable, and substantially above a level of mediocre service that
just might minimally warrant renewal.
(b) Each commercial aviation air-ground system subject to the
requirements of this section must demonstrate substantial service
within 5 years after grant of the authorization. Substantial service
may be demonstrated by, but is not limited to, either of the following
``safe harbor'' provisions:
(1) Construction and operation of 20 ground stations, with at least
one ground station located in each of the 10 Federal Aviation
Administration regions; or,
(2) Provision of service to the airspace of 25 of the 50 busiest
airports (as measured by annual passenger boardings).
Sec. 22.875 [Removed]
0
64. Remove Sec. 22.875.
0
65. Add Sec. 22.877 to read as follows:
Sec. 22.877 Unacceptable interference to Part 90 non-cellular 800 MHz
licensees from commercial aviation air-ground systems.
The definition of unacceptable interference to non-cellular part 90
licensees in the 800 MHz band from commercial aviation air-ground
systems is the same as the definition set forth in Sec. 22.970 which
is applicable to Cellular Radiotelephone Service systems.
0
66. Add Sec. 22.878 to read as follows:
Sec. 22.878 Obligation to abate unacceptable interference.
This section applies only to commercial aviation ground stations
transmitting in the 849-851 MHz band, other than commercial aviation
ground stations operating under the authority of a license originally
granted prior to January 1, 2004.
(a) Strict responsibility. Any licensee who, knowingly or
unknowingly, directly or indirectly, causes or contributes to causing
unacceptable interference to a non-cellular part 90 licensee in the 800
MHz band, as defined in Sec. 22.877, shall be strictly accountable to
abate the interference, with full cooperation and utmost diligence, in
the shortest time practicable. Interfering licensees shall consider all
feasible interference abatement measures, including, but not limited
to, the remedies specified in the interference resolution procedures
set forth in Sec. 22.879. This strict responsibility obligation
applies to all forms of interference, including out-of-band emissions
and intermodulation.
(b) Joint and Several responsibility. If two or more licensees,
whether in the commercial aviation air-ground radiotelephone service or
in the Cellular Radiotelephone Service (see Sec. 22.971), knowingly or
unknowingly, directly or indirectly, cause or contribute to causing
unacceptable interference to a non-cellular part 90 licensee in the 800
MHz band, as defined in Sec. 22.877, such licensees shall be jointly
and severally responsible for abating interference, with full
cooperation and utmost diligence, in the shortest practicable time.
(1) This joint and several responsibility rule requires interfering
licensees to consider all feasible interference abatement measures,
including, but not limited to, the remedies specified in the
interference resolution procedures set forth in Sec. 22.879(c). This
joint and several responsibility rule applies to all forms of
interference, including out-of-band emissions and intermodulation.
(2) Any licensee that can show that its signal does not directly or
indirectly cause or contribute to causing unacceptable interference to
a non-cellular part 90 licensee in the 800 MHz band, as defined in
Sec. 22.877, shall not be held responsible for resolving unacceptable
interference. Notwithstanding, any licensee that receives an
interference complaint from a public safety/CII licensee shall respond
to such complaint consistent with the interference resolution
procedures set forth in Sec. 22.879.
0
67. Add Sec. 22.879 to read as follows:
Sec. 22.879 Interference resolution procedures.
This section applies only to commercial aviation ground stations
transmitting in the 849-851 MHz band, other than commercial aviation
ground stations operating under the authority of a license originally
granted prior to January 1, 2004.
(a) Initial notification. Commercial aviation air-ground system
licensees may receive initial notification of interference from non-
cellular part 90 licensees in the 800 MHz band pursuant to Sec.
90.674(a) of this chapter.
(1) Commercial aviation air-ground system licensees shall join with
part 90 ESMR licensees and Cellular Radiotelephone Service licensees in
utilizing an electronic means of receiving the initial notification
described in Sec. 90.674(a) of this chapter. See Sec. 22.972.
(2) Commercial aviation air-ground system licensees must respond to
the initial notification described in Sec. 90.674(a) of this chapter
as soon as possible and no later than 24 hours after receipt of
notification from a part 90 public safety/CII licensee. This response
time may be extended to 48 hours after receipt from other part 90 non-
cellular licensees provided affected communications on these systems
are not safety related.
(b) Interference analysis. Commercial aviation air-ground system
licensees--who receive an initial notification described in Sec.
90.674(a) of this chapter--shall perform a timely analysis of the
interference to identify the possible source. Immediate on-site visits
may be conducted when necessary to complete timely analysis.
Interference analysis must be completed and corrective action initiated
within 48 hours of the initial complaint from a part 90 public safety/
CII licensee. This response time may be extended to 96 hours after the
initial complaint from other part 90 non-cellular licensees provided
affected communications on these systems are not safety related.
Corrective action may be delayed if the affected licensee agrees in
writing (which may be, but is not required to be, recorded via e-mail
or other electronic means) to a longer period.
(c) Mitigation steps. Any commercial aviation air-ground system
that is responsible for causing unacceptable interference to non-
cellular part 90 licensees in the 800 MHz band shall take affirmative
measures to resolve such interference.
(1) Commercial aviation air-ground system licensees found to
contribute to unacceptable interference, as defined in Sec. 22.877,
shall resolve such interference in the shortest time practicable.
Commercial aviation air-ground system licensees must provide all
necessary test apparatus and technical personnel skilled in the
operation of such equipment as may be necessary to determine the most
appropriate means of timely eliminating the interference. However, the
means whereby interference is abated or the technical parameters that
may need to be adjusted is left to the discretion of the commercial
aviation air-ground system licensee, whose affirmative measures
[[Page 19312]]
may include, but not be limited to, the following techniques:
(i) Increasing the desired power of the public safety/CII signal;
(ii) Decreasing the power of the commercial aviation air-ground
system signal;
(iii) Modifying the commercial aviation air-ground system antenna
height;
(iv) Modifying the commercial aviation air-ground system antenna
characteristics;
(v) Incorporating filters into the commercial aviation air-ground
system transmission equipment;
(vi) Changing commercial aviation air-ground system frequencies;
and
(vii) Supplying interference-resistant receivers to the affected
public safety/CII licensee(s). If this technique is used, in all
circumstances, commercial aviation air-ground system licensees shall be
responsible for all costs thereof.
(2) Whenever short-term interference abatement measures prove
inadequate, the affected part 90 non-cellular licensee shall,
consistent with but not compromising safety, make all necessary
concessions to accepting interference until a longer-term remedy can be
implemented.
(3) When a part 90 public safety licensee determines that a
continuing presence of interference constitutes a clear and imminent
danger to life or property, the licensee causing the interference must
discontinue the associated operation immediately, until a remedy can be
identified and applied. The determination that a continuing presence
exists that constitutes a clear and imminent danger to life or
property, must be made by written statement that:
(i) Is in the form of a declaration, notarized affidavit, or
statement under penalty or perjury, from an officer or executive of the
affected public safety licensee;
(ii) Thoroughly describes the basis of the claim of clear and
imminent danger;
(iii) Was formulated on the basis of either personal knowledge or
belief after due diligence;
(iv) Is not proffered by a contractor or other third party; and,
(v) Has been approved by the Chief of the Wireless
Telecommunication Bureau or other designated Commission official. Prior
to the authorized official making a determination that a clear and
imminent danger exists, the associated written statement must be served
by hand-delivery or receipted fax on the applicable offending licensee,
with a copy transmitted by the fastest available means to the
Washington, DC office of the Commission's Wireless Telecommunications
Bureau.
0
68. Add Sec. 22.880 to read as follows:
Sec. 22.880 Information exchange.
(a) Prior notification. Public safety/CII licensees may notify a
commercial aviation air-ground system licensee that they wish to
receive prior notification of the activation or modification of a
commercial aviation air-ground system ground station site in their
area. Thereafter, the commercial aviation air-ground system licensee
must provide the following information to the public safety/CII
licensee at least 10 business days before a new ground station is
activated or an existing ground station is modified:
(1) Location;
(2) Effective radiated power;
(3) Antenna manufacturer, model number, height above ground level
and up tilt angle, as installed;
(4) Channels available for use.
(b) Purpose of prior notification. The prior notification of ground
station activation or modification is for informational purposes only:
public safety/CII licensees are not afforded the right to accept or
reject the activation of a proposed ground station or to unilaterally
require changes in its operating parameters. The principal purposes of
prior notification are to:
(1) Allow a public safety licensee to advise the commercial
aviation air-ground system licensee whether it believes a proposed
ground station will generate unacceptable interference;
(2) Permit commercial aviation air-ground system licensee(s) to
make voluntary changes in ground station parameters when a public
safety licensee alerts them to possible interference; and
(3) Rapidly identify the source if interference is encountered when
the ground station is activated.
0
69. Revise Sec. 22.1003 to read as follows:
Sec. 22.1003 Eligibility.
Any eligible entity (see Sec. 22.7) may apply for central station
license(s) and/or offshore subscriber licenses under this subpart.
PART 90--PRIVATE LAND MOBILE RADIO SERVICES
0
70. The authority citation for part 90 continues to read as follows:
Authority: Sections 4(i), 11, 303(g), 303(r), and 332(c)(7) of
the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 161,
303(g), 303(r), 332(c)(7).
0
71. Revise Sec. 90.309(a)(1) to read as follows:
Sec. 90.309 Tables and figures.
(a) * * *
(1) Using the method specified in Sec. 1.958 of this chapter,
determine the distances between the proposed land mobile base station
and the protected co-channel television station and between the
proposed land mobile base station and the protected adjacent channel
television station. If the exact mileage does not appear in table A for
protected co-channel television stations (or table B for channel 15 in
New York and Cleveland and channel 16 in Detroit) or table E for
protected adjacent channel television stations, the next lower mileage
separation figure is to be used.
* * * * *
[FR Doc. 05-6948 Filed 4-12-05; 8:45 am]
BILLING CODE 6712-01-P