FR Doc E7-22720

[Federal Register: November 21, 2007 (Volume 72, Number 224)]
[Rules and Regulations]
[Page 65449-65451]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21no07-5]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 77

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

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

AGENCY: Federal Aviation Administration (FAA); DOT.

ACTION: Notice of amended policy.

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SUMMARY: On April 27, 2004, the FAA revised its policy regarding the
co-location of antenna systems on existing structures previously
studied by the FAA. Based on various additional comments from industry
regarding the initial policy, the FAA finds that further modifications
to this policy are necessary.

DATES: This policy is effective on November 21, 2007.

FOR FURTHER INFORMATION CONTACT: Ren[eacute] J. Balanga, ATC Spectrum
Engineering Services, Spectrum Assignment and Engineering Office,
Federal Aviation Administration, 800 Independence Ave., SW.,
Washington, DC 20591, Telephone (202) 267-3819 or (202) 267-9710.

SUPPLEMENTARY INFORMATION:

[[Page 65450]]

Availability of Documents

You can get an electronic copy of rulemaking documents using the
Internet by--
1. Searching the Federal eRulemaking Portal (http://www.regulations.gov
);

2. Visiting the FAA's Regulations and Policies Web page at http://www.faa.gov/regulations_policies/
; or

3. Accessing the Government Printing Office's Web page at http://www.gpoaccess.gov/fr/index.html
.

You can also get a copy by sending a request to the Federal
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence
Avenue, S.W., Washington, DC 20591, or by calling (202) 267-9680. Make
sure to identify the notice number or docket number of this rulemaking.

Background

Prior to April 2004, when the FAA issued a Determination of No
Hazard for proposed construction or alteration of an antenna structure,
the Determination included the following condition: ``This
determination is based, in part, on the foregoing description which
includes specific coordinates, heights, frequency(ies) and power. Any
changes in coordinates, heights, frequency(ies) or use of greater power
will void this determination. Any future construction or alteration,
including an increase in heights, power, or the addition of other
transmitters requires separate notice to the FAA.'' As a result of this
condition, a proponent seeking only to add frequencies to a previously
studied structure for which the FAA had issued a Determination of No
Hazard must file notice with the FAA. They must file the notice on FAA
Form 7460-1 in accordance with the previous discussed condition.
On April 27, 2004, the FAA revised its policy regarding the
notification requirements for co-locating antenna systems on existing
structures previously studied by the FAA. (See Notice No. 04-03; FAA-
2004-16982; 69 FR 22732; April 27, 2004.) The FAA adopted this new
policy, which was based on a Best Practices Agreement recommended by
the CVCC.\1\ Under this policy, a proponent is not required to file
notice for an aeronautical study when adding certain frequencies to an
existing structure that has a current Determination of No Hazard on
file with the FAA. The policy applies only to antenna systems operating
on the following frequencies and service types, as dictated by various
parts of Title 47 of the Code of Federal Regulations (47 CFR),
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\1\ The CVCC is a coalition of wireless cellular phone and
Personal Communication Services (PCS) service providers, tower
companies, and trade associations, including the Personal
Communications Industry Association (PCIA) and the Cellular
Telecommunications and Internet Association (CTIA). CVCC members
currently own or manage most of the radio towers throughout the
United States. Major wireless service providers primarily make up
the coalition, but all other wireless service providers in the
cellular phone and PCS industries are represented by the CVCC
through membership with PCIA and CTIA.
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806-821 MHz and 851-866 MHz (Industrial/Business/
Specialized Mobile Radio Pool--Part 90).
821-824 MHz and 866-869 MHz (Public Safety Mobile Radio
Pool--Part 90).
816-820 MHz and 861-865 MHz (Basic Exchange Telephone
Radio--Parts 1 and 22).
824-849 MHz and 869-894 MHz (Cellular Radiotelephone--
Parts 1 and 22).
849-851 MHz and 894-896 MHz (Air-Ground Radiotelephone--
Parts 1 and 22).
896-901 MHz and 935-940 MHz (900 MHz SMR--Part 90).
901-902 MHz and 930-931 MHz (Narrowband PCS--Part 24).
929-930 MHz, 931-932 MHz, and 940-941 MHz (Paging--Parts
1, 22, and 90).
1850-1990 MHz (Broadband PCS--Part 24, Point-to-Point
Microwave--Part 101).
2305-2320 MHz and 2345-2360 MHz (Wireless Communications
Service (WCS)--Part 27).
On February 1, 2006, the CVCC requested that the agency consider
amending the April 27, 2004 policy by adding additional frequency bands
to the policy. The following frequency bands and wireless services, as
prescribed in 47 CFR, were submitted by the CVCC:
698-806 MHz (Advanced Wireless Service--Part 27).
1710-1755 MHz, 2020-2025 MHz, and 2110-2180 MHz (Advanced
Wireless Service--Part 27).
1670-1675 MHz (Wireless Communications Service--Part 27).
1990-2000 MHz (Broadband PCS--Part 24).
2000-2020 MHz and 2180-2200 MHz (Mobile Satellite
Service--Part 25).
2320-2345 MHz (Satellite Digital Audio Radio Service--Part
27).
2496-2690 MHz (Broadband Radio Service--Part 27).
6.0-7.0 GHz, 10.0-11.7 GHz, 17.7-19.7 GHz, and 21.2-23.6
GHz (Fixed Microwave Service--Part 101).
In reviewing the above list, the FAA notes that two frequency bands
(1710-1755 MHz [Advanced Wireless Service] and 21.2-23.6 GHz [Fixed
Microwave Service]) \2\ overlap a portion or in its entirety, frequency
bands the FAA currently uses to support aviation. These services may
include, but are not limited to, critical situational data regarding
aircraft positioning to air traffic controllers or essential voice or
data communication links for air traffic control operations. If harmful
electro magnetic interference (EMI) occurs to these FAA services, the
services may be interrupted or degraded to a level at which pilots or
air traffic controllers miss vital flight transmissions, thus
potentially reducing aviation safety in the National Airspace System.
On June 13, 2006, the FAA published a Notice of Proposed Rulemaking
that, in part, sought to require notice for wireless services and fixed
microwave services operating in the 21.2-23.6 GHz (71 FR 34028; June
13, 2006). These frequencies are now included under this amended
policy. Even though the agency has not adopted a final rule in this
matter and the rule is pending, the FAA announces its intention to
exclude the 21.2-23.6 GHz frequencies from the final rule. When the
final rule is issued, those frequencies will be withdrawn.
FAA's review of prior case studies of co-located antenna systems
and extensive engineering evaluations showed minimal EMI effects on FAA
facilities from wireless services propagating on a majority of the
identified frequency bands above, if operating under typical
specifications. In addition, existing frequency coordination policies
set forth by the National Telecommunications and Information
Administration and the Federal Communications Commission, facilitate
the evaluation of potential EMI in frequency bands that are joint-use
by industry and the FAA. Therefore, the FAA concludes that the current
policy can be amended to include the proposed frequencies.
Lastly, the April 27, 2004, policy stated several conditions that
would facilitate the assurance of aviation safety from the potential of
EMI. One condition is for proponents to provide the FAA with an
electronic copy of its antenna system location databases. Since the
inception of the policy, the FAA has received several requests for
clarification by CVCC members with respect to that condition 1.
Condition 1 provides that,

The proponent must provide the FAA Regional Spectrum Offices
with an electronic copy of its antenna system location databases
quarterly or as specified in a Letter of

[[Page 65451]]

Agreement with the FAA Regional Spectrum Offices.

CVCC members seek clarification with respect to: (1) The type of
information necessary for the electronic database; (2) the sites that
need to be included during each quarterly database submittal to the
FAA; and (3) how to submit the database file(s). We have reconsidered
the condition and find that any unintentional EMI resulting under this
policy can be mitigated by condition 2 of the policy.\3\ Therefore,
condition 1 can be withdrawn and it will no longer be necessary to
provide that information.
The amended policy is restated in its entirety below.

Policy

The FAA recognizes the telecommunications industry's need and
commitment to provide wireless services to the public. Also, the FAA
recognizes that it is essential for these companies to speed up the
time frame for build-out and deployment of their networks. However, the
FAA's first commitment is to aviation safety. Thus the FAA finds that
it can amend its policy to accommodate certain issues raised by the
CVCC's Best Practices Agreement. Notwithstanding this new policy, the
requirements under 14 CFR part 77 about notice to the FAA of proposed
construction or alteration of man-made structures under existing FAA
policy and regulations are not altered or modified. If the addition of
frequencies, under this policy, to a previously studied structure
increases the height of that structure, notice must be filed with the
FAA under 14 CFR 77.13. Physical structures located on or near public
use landing facilities raise concerns about possible obstruction to
aircraft, and the FAA will handle these issues pursuant to current
regulations and procedures.
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\2\ In 2006, the FCC conducted an auction of the 2GHz (1.7 GHz
and 2.1GHz) frequency band (Auction 66).
\3\ Condition 2--If an antenna system, operating in the
designated frequency bands, causes EMI to one or more FAA
facilities, the FAA will contact the proponent. The proponent must
mitigate the EMI in a timely manner, as recommended by the FAA in
each particular case. Depending upon the severity of the
interference, the proponent must eliminate harmful EMI either by
adjusting operating parameters, (for example, employing extra
filtering or reducing effective radiated power), or by ceasing
transmissions, as may be required by the FCC and the FAA. Failure to
provide successful EMI mitigation techniques will result in referral
to the FCC's Enforcement Bureau for possible enforcement action. (69
FR 22732; April 27, 2004)
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Under this new policy, a proponent is not required to file notice
with the FAA for an aeronautical study to add frequencies to an
existing structure that has a current No Hazard Determination on file
with the FAA. If an additional antenna system must be used to add
frequencies, the antenna system must not be located on Federal or
public use landing facilities property. Also, the antenna system must
not be co-located or mounted on an FAA antenna structure without prior
coordination with the FAA's ATC Spectrum Engineering Services.
This policy only applies to antenna systems operating on the
following frequencies and service types, as dictated by various parts
of 47 CFR:
698-806 MHz (Advanced Wireless Service--Part 27).
806-821 MHz and 851-866 MHz (Industrial/Business/
Specialized Mobile Radio Pool--Part 90).
821-824 MHz and 866-869 MHz (Public Safety Mobile Radio
Pool--Part 90).
816-820 MHz and 861-865 MHz (Basic Exchange Telephone
Radio--Parts 1 and 22).
824-849 MHz and 869-894 MHz (Cellular Radiotelephone--
Parts 1 and 22).
849-851 MHz and 894-896 MHz (Air-Ground Radiotelephone--
Parts 1 and 22).
896-901 MHz and 935-940 MHz (900 MHz SMR--Part 90).
901-902 MHz and 930-931 MHz (Narrowband PCS--Part 24).
929-930 MHz, 931-932 MHz, and 940-941 MHz (Paging--Parts
1, 22, and 90).
1710-1755 MHz, 2020-2025 MHz, and 2110-2180 MHz (Advanced
Wireless Service--Part 27).
1670-1675 MHz (Wireless Communications Service--Part 27).
1850-1990 MHz (Broadband PCS--Part 24, Point-to-Point
Microwave--Part 101).
1990-2000 MHz (Broadband PCS--Part 24).
2000-2020 MHz and 2180-2200 MHz (Mobile Satellite
Service--Part 25).
2305-2320 MHz and (Wireless Communications Service (WCS)--
Part 27).
2320-2345 MHz (Satellite Digital Audio Radio Service--Part
27).
2496-2690 MHz (Broadband Radio Service--Part 27).
6.0-7.0 GHz, 10.0-11.7 GHz, 17.7-19.7 GHz, and 21.2-23.6
GHz (Fixed Microwave Service--Part 101).
In addition, the following conditions also apply: (1) If an antenna
system, operating in the designated frequency bands, causes EMI to one
or more FAA facilities, the FAA will contact the proponent. The
proponents must mitigate the EMI in a timely manner, as recommended by
the FAA in each particular case. Depending on the severity of the
interference, the proponent must eliminate harmful EMI either by
adjusting operating parameters (for example, employing extra filtering
or reducing effective radiated power), or by ceasing transmissions, as
may be required by the FCC and the FAA. Failure to provide successful
EMI mitigation techniques will result in referral to the FCC's
Enforcement Bureau for possible enforcement action. (2) This policy
only applies to current technologies and modulation techniques (analog,
TDMA, GSM, etc.) existing in the wireless radiotelephone environment on
the date of issuance of this policy. Any future technologies placed
into commercial service by wireless service providers, although
operating on the frequencies mentioned above, must either coordinate
the new technology with the FAA's ATC Spectrum Engineering Services or
must provide notification to the FAA under 14 CFR part 77 procedures.
The FAA will revise the conditional language in future cases
involving Determination of No Hazard to reflect this policy.
Furthermore, this policy applies retroactively to any structure for
which the FAA has issued a Determination of No Hazard.

Issued in Washington, DC on November 15, 2007.
Steve Zaidman,
Vice President, Technical Operations Services.
[FR Doc. E7-22720 Filed 11-20-07; 8:45 am]

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