FR Doc 04-13323

[Federal Register: June 14, 2004 (Volume 69, Number 113)]
[Rules and Regulations]
[Page 32877-32886]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14jn04-17]

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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 2, 87 and 95

[WT Docket No. 01-289; RM-9499; FCC 03-238]

Aviation Communications

AGENCY: Federal Communications Commission.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: In this document the Commission amends its rules to
accommodate technological advances, facilitate operational flexibility,
and promote spectral efficiency in the Aviation Radio Service. The
purpose of the Report and Order is to streamline and update our rules
governing the Aviation Radio Service.

DATES: Effective September 13, 2004.

FOR FURTHER INFORMATION CONTACT: Jeffrey Tobias, Jeff.Tobias@FCC.gov,
Public Safety and Critical Infrastructure Division, Wireless
Telecommunications Bureau, (202) 418-0680, or TTY (202) 418-7233.

SUPPLEMENTARY INFORMATION: This is a summary of the Federal
Communications Commission's Report and Order, FCC 03-238, adopted on
October 6, 2003, and released on October 16, 2003. The full text of
this document is available for inspection

[[Page 32878]]

and copying during normal business hours in the FCC Reference Center,
445 12th Street, SW., Washington, DC 20554. The complete text may be
purchased from the Commission's copy contractor, Qualex International,
445 12th Street, SW., Room CY-B402, Washington, DC 20554. 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 bmillin@fcc.gov.
1. In the Report and Order, the FCC adopts changes to part 87 of
the Commission's rules that were either proposed in or suggested in
response to the Notice of Proposed Rule Making (``NPRM'') in this
proceeding. The NPRM, released on October 16, 2001, 66 FR 64785
(December 14, 2001), proposed rule changes that were intended to
consolidate, revise and streamline our rules governing aviation
communications. These changes were proposed to ensure that the part 87
rules reflect recent technological advances and are consistent with
other Commission rules. In addition, changes were proposed to eliminate
regulations that are duplicative, outmoded, or otherwise unnecessary in
the Aviation Radio Service.
2. The significant actions taken in this Report and Order are as
follows: (i) Updating the technical specifications for Aeronautical
Mobile Satellite (Route) Service (AMS(R)S) equipment; (ii) permitting
certification of dual spacing transceivers to accommodate aircraft
operating in countries that employ 8.33 kHz channel spacing; (iii)
extending license terms of non-aircraft stations from five to ten
years; (iv) extending the construction period for aeronautical advisory
stations (unicoms) and radionavigation land station from eight months
to one year; (v) eliminating all references to the Civil Air Patrol
from part 87; (vi) authorizing use of the Differential Global
Positioning System (DGPS) in the 108-117.975 MHz and 1559-1610 MHz
bands on a non-developmental basis, while also requiring DGPS receivers
to meet minimum interference immunity requirements; (vii) modifying the
licensing procedures and eligibility requirements for unicoms; and
(viii) retaining the rule specifying that there may be only one
aeronautical enroute station licensee per location, while clarifying
that the licensee is expected to provide access to the spectrum on a
reasonable, nondiscriminatory basis.

I. Regulatory Matters

A. Paperwork Reduction Act

3. The Report and Order does not contain any new or modified
information collection.

B. Final Regulatory Flexibility Certification

4. The Regulatory Flexibility Act of 1980, as amended (RFA),
requires that a regulatory flexibility analysis be prepared for notice-
and-comment rule making proceedings, unless the agency certifies that
``the rule will not, if promulgated, have a significant economic impact
on a substantial number of small entities.'' 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: (i) Is independently owned and
operated; (ii) is not dominant in its field of operation; and (iii)
satisfies any additional criteria established by the SBA.
5. The purpose of the Report and Order is to streamline and update
our part 87 rules governing the Aviation Radio Service. We believe that
the rules adopted in the Report and Order do not impose any additional
compliance burden on small entities.
6. We have identified those small entities that could conceivably
be affected by the rule changes adopted herein. Small businesses in the
aviation and marine radio services use a marine very high frequency
(VHF) radio, any type of emergency position indicating radio beacon
(EPIRB) and/or radar, a VHF aircraft radio, and/or any type of
emergency locator transmitter (ELT). The adopted rules may also affect
small businesses that manufacture radio equipment. However, we
anticipate that these rule changes will not impose any new burdens on
small entities, but in fact will reduce regulatory and procedural
burdens on small entities. The general effect of the rule changes
adopted herein is to streamline the rules, remove duplicative
requirements, provide greater operational flexibility, promote spectrum
efficiency, facilitate equipment certification, and make our rules
consistent with international requirements, all of which are measures
that should have an overall beneficial effect on the regulated
entities. We certified in the Notice of Proposed Rule Making in this
proceeding that the rules proposed therein would not, if promulgated,
have a significant economic impact upon a substantial number of small
entities, as that term is defined by the RFA, and no party has
challenged or otherwise commented on that certification.
7. We therefore certify that the requirements of the Report and
Order will not have a significant economic impact upon a substantial
number of small entities, as that term is defined by the RFA.
8. The Commission will send a copy of the Report and Order,
including a copy of this final certification, in a report to Congress
pursuant to the Congressional Review Act. In addition, the Report and
Order and this final certification will be sent to the Chief Counsel
for Advocacy of the Small Business Administration.

II. Ordering Clauses

9. The Commission's Consumer Information Bureau, Reference
Information Center, shall send a copy of this Report and Order
including the Regulatory Flexibility Certification and to the Chief
Counsel for Advocacy of the Small Business Administration.

List of Subjects

47 CFR Part 2

Radio.

47 CFR Parts 87 and 95

Communications equipment, Radio.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.

Rule Changes

For the reasons discussed in the preamble, the Federal
Communications Commission amends 47 CFR parts 2, 87 and 95 as follows:

PART 2--FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS; GENERAL
RULES AND REGULATIONS

0
1. The authority citation for part 2 continues to read as follows:

Authority: 47 U.S.C. 154, 302a, 303, and 336, unless otherwise
noted.

0
2. Section 2.106 is amended as follows:
0
a. In the list of International Footnotes under heading I., add
footnotes 5.197A and 5.328B.
0
b. In the list of United States (US) Footnotes, revise footnote US31
and add footnote US343.
The revisions and additions read as follows:

Sec. 2.106 Table of Frequency Allocations.

* * * * *

[[Page 32879]]

International Footnotes

* * * * *
5.197A The band 108-117.975 MHz may also be used by the
aeronautical mobile (R) service on a primary basis, limited to systems
that transmit navigational information in support of air navigation and
surveillance functions in accordance with recognized international
aviation standards. Such use shall be in accordance with Resolution 413
(WRC-03) and shall not cause harmful interference to nor claim
protection from stations operating in the aeronautical radionavigation
service which operate in accordance with international aeronautical
standards.
* * * * *
5.328B The use of the bands 1164-1300 MHz, 1559-1610 MHz and 5010-
5030 MHz by systems and networks in the radionavigation-satellite
service for which complete coordination or notification information, as
appropriate, is received by the Radiocommunication Bureau after 1
January 2005 is subject to the application of the provisions of Nos.
9.12, 9.12A and 9.13. Resolution 610 (WRC-03) shall also apply.
* * * * *

United States (US) Footnotes

* * * * *
US31 The frequencies 122.700, 122.725, 122.750, 122.800, 122.950,
122.975, 123.000, 123.050 and 123.075 MHz may be assigned to
aeronautical advisory stations. In addition, at landing areas having a
part-time or no airdrome control tower or FAA flight service station,
these frequencies may be assigned on a secondary non-interference basis
to aeronautical utility mobile stations, and may be used by FAA ground
vehicles for safety related communications during inspections conducted
at such landing areas.
The frequencies 122.850, 122.900 and 122.925 MHz may be assigned to
aeronautical multicom stations. In addition, 122.850 MHz may be
assigned on a secondary noninterference basis to aeronautical utility
mobile stations. In case of 122.925 MHz, US213 applies.
Air carrier aircraft stations may use 122.000 and 122.050 MHz for
communication with aeronautical stations of the Federal Aviation
Administration and 122.700, 122.800, 122.900 and 123.000 MHz for
communications with aeronautical stations pertaining to safety of
flight with and in the vicinity of landing areas not served by a
control tower.
Frequencies in the band 121.9375-122.6875 MHz may be used by
aeronautical stations of the Federal Aviation Administration for
communication with aircraft stations.
* * * * *
US343 Differential-Global-Positioning-System (DGPS) Stations,
limited to ground-based transmitters, may be authorized on a primary
basis in the bands 108-117.975 and 1559-1610 MHz for the specific
purpose of transmitting DGPS information intended for aircraft
navigation. Such use shall be in accordance with ITU Resolution 413
(WRC-03).
* * * * *

PART 87--AVIATION SERVICES

0
3. The authority citation for part 87 continues to read as follows:

Authority: 47 U.S.C. 154, 303, 307(e) unless otherwise noted.

0
4. Section 87.5 is amended by removing the entry for Civil Air Patrol
Station and by adding the following three entries in alphabetical order
to read as follows:

Sec. 87.5 Definitions.

* * * * *
Automatic terminal information service-broadcast (ATIS-B). The
automatic provision of current, routine information to arriving and
departing aircraft throughout a 24-hour period or a specified portion
thereof.
* * * * *
Differential GPS (DGPS). A system which transmits corrections to
the GPS derived position.
* * * * *
Flight Information Service-Broadcast (FIS-B). A broadcast service
provided for the purpose of giving advice and information useful for
the safe and efficient conduct of flights.
* * * * *

Sec. 87.25 [Amended]

0
5. Section 87.25 is amended by removing paragraph (f).

0
6. Section 87.27 is amended by removing paragraph (b), redesignating
paragraph (c) as paragraph (b), and revising paragraph (a) to read as
follows:

Sec. 87.27 License term.

(a) Licenses for stations in the aviation services will normally be
issued for a term of ten years from the date of original issuance, or
renewal.
* * * * *

0
7. Section 87.45 is revised to read as follows:

Sec. 87.45 Time in which station is placed in operation.

This section applies only to unicom stations and radionavigation
land stations, excluding radionavigation land test stations. When a new
license has been issued or additional operating frequencies have been
authorized, the station or frequencies must be placed in operation no
later than one year from the date of the grant. The licensee must
notify the Commission in accordance with Sec. 1.946 of this chapter
that the station or frequencies have been placed in operation.

0
8. Section 87.109 is revised to read as follows:

Sec. 87.109 Station logs.

(a) A station at a fixed location in the international aeronautical
mobile service must maintain a log in accordance with Annex 10 of the
ICAO Convention.
(b) A station log must contain the following information:
(1) The name of the agency operating the station.
(2) The identification of the station.
(3) The date.
(4) The time of opening and closing the station.
(5) The frequencies being guarded and the type of watch (continuous
or scheduled) being maintained on each frequency.
(6) Except at intermediate mechanical relay stations where the
provisions of this paragraph need not be complied with, a record of
each communication showing text of communication, time communications
completed, station(s) communicated with, and frequency used.
(7) All distress communications and action thereon.
(8) A brief description of communications conditions and
difficulties, including harmful interference. Such entries should
include, whenever practicable, the time at which interference was
experienced, the character, radio frequency and identification of the
interfering signal.
(9) A brief description of interruption to communications due to
equipment failure or other troubles, giving the duration of the
interruption and action taken.
(10) Such additional information as may be considered by the
operator to be of value as part of the record of the stations
operations.
(c) Stations maintaining written logs must also enter the signature
of each operator, with the time the operator assumes and relinquishes a
watch.

0
9. Section 87.111 is revised to read as follows:

Sec. 87.111 Suspension or discontinuance of operation.

The licensee of any airport control tower station or
radionavigation land

[[Page 32880]]

station must notify the nearest FAA regional office upon the temporary
suspension or permanent discontinuance of the station. The FAA regional
office must be notified again when service resumes.

0
10. Section 87.131 is amended by revising the table entries for
Aeronautical enroute and aeronautical fixed stations, Aircraft
(Communication) stations--frequency bands UHF, VHF, HF, HF, Aircraft
earth stations, and footnote 8 to read as follows:

Sec. 87.131 Power and emissions.

* * * * *

----------------------------------------------------------------------------------------------------------------
Frequency band/ Authorized emission(s)
Class of station frequency \9\ Maximum power \1\
----------------------------------------------------------------------------------------------------------------

* * * * * * *
Aeronautical enroute and HF..................... R3E, H3E, J3E, J7B, 6 kw.
aeronautical fixed. H2B, J2D.
HF..................... A1A, F1B, J2A, J2B..... 1.5 kw.
VHF.................... A3E, A9W G1D, A2D......

* * * * * * *
Aircraft (Communication)............ UHF.................... F2D, F9D, F7D.......... 25 watts.
VHF.................... A3E, A9W, G1D, G7D, A2D 55 watts.
HF..................... R3E, H3E, J3E, J7B, 400 watts.
H2B, J7D, J9W.
HF..................... A1A, F1B, J2A, J2B..... 100 watts.

* * * * * * *
Aircraft earth...................... UHF.................... G1D, G1E, G1W.......... 60 watts.\8\

* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
\8\ Power may not exceed 60 watts per carrier, as measured at the input of the antenna subsystem, including any
installed diplexer. The maximum EIRP may not exceed 2000 watts per carrier.

* * * * *

0
11. Section 87.133 is amended by revising paragraph (c) to read as
follows:

Sec. 87.133 Frequency stability.

* * * * *
(c) For single-sideband transmitters, the tolerance is:
(1) All aeronautical stations on land--10 Hz.
(2) All aircraft stations--20 Hz.
* * * * *
0
12. Section 87.137 is amended by revising the entries for A3E \2\, A3E,
F9D, G1D, G1E \16\, and G1W \16\ in the table in paragraph (a) and
footnotes 2, 3, 9, 16 and by adding footnote 17 to read as follows:

Sec. 87.137 Types of emission.

(a) * * *

----------------------------------------------------------------------------------------------------------------
Authorized bandwidth (kilohertz)
Emission -----------------------------------------------------------
Class of emission designator Frequency
Below 50 MHz Above 50 MHz deviation
----------------------------------------------------------------------------------------------------------------

* * * * * * *
A3E \2\..................... 6K00A3E........... .................. 50\3\............. ..................
A3E......................... 5K6A3E............ .................. 8.33 kHz \17\..... ..................

* * * * * * *
F9D............................. 5M0F9D............ .................. \9\............... ..................
G1D............................. 16K0G1D........... .................. 20 kHz............ ..................

* * * * * * *
G1E \16\........................ 21K0G1E........... .................. 25................ ..................
G1W \16\........................ 21K0G1W........... .................. 25................ ..................

* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
\2\ For use with an authorized bandwidth of 8.0 kilohertz at radiobeacon stations. A3E will not be authorized:
(i) At existing radiobeacon stations that are not authorized to use A3 and at new radiobeacon stations unless
specifically recommended by the FAA for safety purposes.
(ii) At existing radiobeacon stations currently authorized to use A3, subsequent to January 1, 1990, unless
specificallly recommended by the FAA for safety purposes.
\3\ In the band 117.975-136 MHz, the authorized bandwidth is 25 kHz for transmitters approved after January 1,
1974.
\9\ To be specified on license.
* * * * *
\16\ Authorized for use by aircraft earth stations. Lower values of necessary and authorized bandwidth are
permitted.
\17\ In the band 117.975-137 MHz, the Commission will not authorize any 8.33 kHz channel spaced transmissions or
the use of their associated emission designator within the U.S. National Airspace System, except by avionics
equipment manufacturers, and Flight Test Stations, which are required to perform installation and checkout of
such radio systems prior to delivery to their customers for use outside U.S. controlled airspace. For
transmitters certificated to tune to 8.33 kHz channel spacing as well as 25 kHz channel spacing, the
authorized bandwidth is 8.33 kHz when tuned to an 8.33 kHz channel.
* * * * *

[[Page 32881]]

0
13. Section 87.139 is amended by removing paragraph (i)(2),
redesignating paragraphs (i)(3) and (i)(4) as paragraphs (i)(2) and
(i)(3), and revising paragraphs (h), (i)(1), and newly designated
paragraph (i)(3) to read as follows:

Sec. 87.139 Emission limitations.

* * * * *
(h) For ELTs operating on 121.500 MHz, 243.000 MHz and 406.0-406.1
MHz the mean power of any emission must be attenuated below the mean
power of the transmitter (pY) as follows:
(1) When the frequency is moved from the assigned frequency by more
than 50 percent up to and including 100 percent of the authorized
bandwidth the attenuation must be at least 25 dB;
(2) When the frequency is removed from the assigned frequency by
more than 100 percent of the authorized bandwidth the attenuation must
be at least 30 dB.
(i) * * *
(1) At rated output power, while transmitting a modulated single
carrier, the composite spurious and noise output shall be attenuated by
at least:

------------------------------------------------------------------------
Frequency (MHz) Attenuation (dB)\1\
------------------------------------------------------------------------
0.01 to 1525.............................. -135 dB/4 kHz
1525 to 1559.............................. -203 dB/4 kHz
1559 to 1585.............................. -155 dB/MHz
1585 to 1605.............................. -143 dB/MHz
1605 to 1610.............................. -117 dB/MHz
1610 to 1610.6............................ -95 dB/MHz
1610.6 to 1613.8.......................... -80 dBW/MHz\3\
1613.8 to 1614............................ -95 dB/MHz
1614 to 1626.5............................ -70 dB/4 kHz
1626.5 to 1660............................ -70 dB/4 kHz2, 3, 4
1660 to 1670.............................. -49.5 dBW/20 kHz2, 3, 4
1670 to 1735.............................. -60 dB/4 kHz
1735 to 12000............................. -105 dB/4 kHz
12000 to 18000............................ -70 dB/4 kHz
------------------------------------------------------------------------
\1\ These values are expressed in dB referenced to the carrier for the
bandwidth indicated, and relative to the maximum emission envelope
level, except where the attenuation is shown in dBW, the attenuation
is expressed in terms of absolute power referenced to the bandwidth
indicated.
\2\ Attenuation measured within the transmit band excludes the band
35 kHz of the carrier frequency.
\3\ This level is not applicable for intermodulation products.
\4\ The upper limit for the excess power for any narrow-band spurious
emission (excluding intermodulation products within a 30 kHz
measurement bandwidth) shall be 10 dB above the power limit in this
table.

* * * * *
(3) * * *

------------------------------------------------------------------------
Attenuation
Frequency Offset (normalized to SR) (dB)
------------------------------------------------------------------------
+/-0.75 x SR............................................... 0
+/-1.40 x SR............................................... 20
+/-2.95 x SR............................................... 40
------------------------------------------------------------------------

Where:

SR = Symbol Rate,
SR = 1 x channel rate for BPSK,
SR = 0.5 x channel rate for QPSK.
* * * * *

Sec. 87.145 [Amended]

0
14. Section 87.145 is amended by removing paragraph (c)(1) and
redesignating paragraphs (c)(2) through (c)(5) as paragraphs (c)(1)
through (c)(4).

0
15. Section 87.147 is amended by revising paragraphs (d) introductory
text (d)(2), (d)(3), and (e) and by adding paragraph (f) to read as
follows:

Sec. 87.147 Authorization of equipment.

* * * * *
(d) An applicant for certification of equipment intended for
transmission in any of the frequency bands listed in paragraph (d)(3)
of this section must notify the FAA of the filing of a certification
application. The letter of notification must be mailed to: FAA, Office
of Spectrum Policy and Management, ASR-1, 800 Independence Ave., SW.,
Washington, DC 20591 prior to the filing of the application with the
Commission.
* * * * *
(2) The certification application must include a copy of the
notification letter to the FAA. The Commission will not act until it
receives the FAA's determination regarding whether it objects to the
application for equipment authorization. The FAA should mail its
determination to: Office of Engineering and Technology Laboratory,
Authorization and Evaluation Division, 7435 Oakland Mills Rd.,
Columbia, MD 21046. The Commission will consider the FAA determination
before taking final action on the application.
(3) The frequency bands are as follows:

90-110 kHz
190-285 kHz
325-435 kHz
74.800 MHz to 75.200 MHz
108.000 MHz to 137.000 MHz
328.600 MHz to 335.400 MHz
960.000 MHz to 1215.000 MHz
1545.000 MHz to 1626.500 MHz
1646.500 MHz to 1660.500 MHz
5000.000 MHz to 5250.000 MHz
14.000 GHz to 14.400 GHz
15.400 GHz to 15.700 GHz
24.250 GHz to 25.250 GHz
31.800 GHz to 33.400 GHz

(e) Verification reports for ELTs capable of operating on the
frequency 406.0-406.1 MHz must include sufficient documentation to show
that the ELT meets the requirements of Sec. 87.199(a). A letter
notifying the FAA of the ELT verification must be mailed to: FAA,
Office of Spectrum Policy and Management, ASR-1, 800 Independence
Avenue SW., Washington, DC 20591.
(f) Certification may be requested for equipment that has the
capability to transmit in the 138-144 MHz, 148-149.9 MHz, or 150.5-
150.8 MHz bands as well as frequency bands set forth in Sec. 87.173.
The Commission will only certify this equipment for use in the bands
regulated by this part.

0
16. Section 87.151 is added to read as follows:

Sec. 87.151 Special requirements for differential GPS receivers.

(a) The receiver shall achieve a message failure rate less than or
equal to one failed message per 1000 full-length (222 bytes)
application data messages, while operating over a range from -87 dBm to
-1 dBm, provided that the variation in the average received signal
power between successive bursts in a given time slot shall not exceed
40 dB. Failed messages include those lost by the VHF data receiver
system or which do not pass the cyclic redundancy check (CRC) after
application of the forward error correction (FEC).
(b) The aircraft receiving antenna can be horizontally or
vertically polarized. Due to the difference in the signal strength of
horizontally and vertically polarized components of the broadcast
signal, the total aircraft implementation loss is limited to 15 dB for
horizontally polarized receiving antennas and 11 dB for vertically
polarized receiving antennas.
(c) Desensitization. The receiver shall meet the requirements
specified in paragraph (a) of this section in the presence of VHF-FM
broadcast signals in accord with following tables.
(1) Maximum levels of undesired signals.

[[Page 32882]]

118MHz.................................... -44
118.025 MHz............................... -41
118.050 MHz up to 1660.5 MHz.............. -13
------------------------------------------------------------------------
\1\ The relationship is linear between single adjacent points designated
by the above frequencies.

(2) Desensitization frequency and power requirements for the
frequencies 108.025 MHz to 111.975 MHz.

------------------------------------------------------------------------
Maximum
level of
undesired
Frequency \1\ signal at
the
receiver
input (dBm)
------------------------------------------------------------------------
88 MHz < = f < = 102 MHz..................................... 15
104 MHz.................................................... 10
106 MHz.................................................... 5
107.9 MHz.................................................. -10
------------------------------------------------------------------------
\1\ The relationship is linear between single adjacent points designated
by the above frequencies.

(3) Desensitization frequency and power requirements for the
frequencies 112.00 MHz to 117.975 MHz.

------------------------------------------------------------------------
Maximum
level of
undesired
Frequency \1\ signal at
the
receiver
input (dBm)
------------------------------------------------------------------------
88 MHz < = f < = 104 MHz..................................... 15
106 MHz.................................................... 10
107 MHz.................................................... 5
107.9 MHz.................................................. 0
------------------------------------------------------------------------
\1\ The relationship is linear between single adjacent points designated
by the above frequencies.

(d) Intermodulation Immunity. The receiver shall meet the
requirements specified in paragraph (a) of this section in the presence
of interference from two-signal, third order intermodulation products
of two VHF-FM broadcast signals having levels in accordance with the
following:
(1) 2N1 + N2 + 72 <= 0 for VHF-FM sound
broadcasting signals in the range 107.7-108 MHz; and
(2) 2N1 + N2 + 3 (24 -20log delta f/0.4) <= 0
for VHF-FM sound broadcasting signals below 107.7 MHz, where the
frequencies of the two VHF-FM sound broadcasting signals produce,
within the receiver, a two signal, third-order intermodulation product
on the desired VDB frequency.
(3) In the formulas in paragraphs (d)(1) and (d)(2) of this
section, N1 and N2 are the levels (dBm) of the
two VHF FM sound broadcasting signals at the VHF data broadcast (VDB)
receiver input. Neither level shall exceed the desensitization criteria
set forth in paragraph (c) of this section. Delta f = 108.1 - f1, where
f1 is the frequency of N1, the VHF FM sound broadcasting
signal closer to 108.1 MHz.

0
17. Section 87.169 is revised to read as follows:

Sec. 87.169 Scope.

This subpart contains class of station symbols and a frequency
table which lists assignable frequencies. Frequencies in the Aviation
Services will transmit communications for the safe, expeditious, and
economic operation of aircraft and the protection of life and property
in the air. Each class of land station may communicate in accordance
with the particular sections of this part which govern these classes.
Land stations in the Aviation Services in Alaska may transmit messages
concerning sickness, death, weather, ice conditions or other matters
relating to safety of life and property if there is no other
established means of communications between the points in question and
no charge is made for the communications service.

0
18. Section 87.171 is amended by adding, in alphabetical order, the
symbols and class of station for GCO, RCO, RLD, RNV, and RPC, and by
removing the symbol and class of station for FAP to read as follows:

Sec. 87.171 Class of station symbols.

* * * * *
GCO--Ground Communication Outlet
* * * * *
RCO--Remote Communications Outlet
* * * * *
RLD--RADAR/TEST
* * * * *
RNV--Radio Navigation Land/DME
RPC--Ramp Control
* * * * *

0
19. Section 87.173 is amended by revising the entries for 325-405 kHz,
2371.0 kHz, 2374.0 kHz, 2935.0 kHz, 4466.0 kHz, 4469.0 kHz, 4506.0 kHz,
4509.0 kHz, 4582.0 kHz, 4585.0 kHz, 4601.0 kHz, 4604.0 kHz, 4627.0 kHz,
4630.0 kHz, 26618.5 kHz, 26620.0 kHz, 26621.5 kHz, 108.000-117.950 MHz,
118.000-121.400 MHz, 121.600-121.925 MHz, 121.975 MHz, 122.000 MHz,
122.025 MHz, 122.050 MHz, 122.075 MHz, 122.100 MHz, 122.125-122.675
MHz, 122.725 MHz, 122.950 MHz, 122.975 MHz, 123.050 MHz, 123.075 MHz,
123.6-128.8 MHz, 132.025-135.975 MHz, 136.000-136.400 MHz, 136.425 MHz,
136.450 MHz, 136.475 MHz, 143.900 MHz, 148.150 MHz, 960-1215 MHz, 1559-
1626.5 MHz, 2700-2900 MHz, and 9000-9200 MHz, adding entries for 510-
535 kHz, 108.000-117.975 MHz, 143.750 MHz, 406.0-406.1 MHz, and 1559-
1610 MHz, and removing the entries for 510.525 kHz, 143.75 MHz, and
406.025 MHz in the table in paragraph (b) to read as follows:

Sec. 87.173 Frequencies.

* * * * *
(b) Frequency table:

----------------------------------------------------------------------------------------------------------------
Frequency or frequency band Subpart Class of station Remarks
----------------------------------------------------------------------------------------------------------------

* * * * * * *
325-405 kHz..................... Q.................. RLB................ Radiobeacons.

* * * * * * *
510-535 kHz..................... Q.................. RLB................ Radiobeacons.
2371.0 kHz...................... ................... ................... [Reserved].
2374.0 kHz...................... ................... ................... [Reserved].

* * * * * * *
2935.0 kHz...................... I.................. MA, FAE............ International HF (NP).

* * * * * * *
4466.0 kHz...................... ................... ................... [Reserved].
4469.0 kHz...................... ................... ................... [Reserved].
4506.0 kHz...................... ................... ................... [Reserved].
4509.0 kHz...................... ................... ................... [Reserved].

[[Page 32883]]

* * * * * * *
4582.0 kHz...................... ................... ................... [Reserved].
4585.0 kHz...................... ................... ................... [Reserved].
4601.0 kHz...................... ................... ................... [Reserved].
4604.0 kHz...................... ................... ................... [Reserved].
4627.0 kHz...................... ................... ................... [Reserved].
4630.0 kHz...................... ................... ................... [Reserved].

* * * * * * *
26618.5 kHz..................... ................... ................... [Reserved].
26620.0 kHz..................... ................... ................... [Reserved].
26621.5 kHz..................... ................... ................... [Reserved].

* * * * * * *
108.000-117.950 MHz............. Q.................. RLO................ VHF omni-range.
108.000-117.975 MHz............. Q.................. DGP................ Differential GPS.

* * * * * * *
118.000-121.400 MHz............. O.................. MA, FAC, FAW, GCO, 25 kHz channel spacing.
RCO, RPC.

* * * * * * *
121.600-121.925 MHz............. I, O, L, Q......... MA, FAC, MOU, RLT, 25 kHz channel spacing.
GCO, RCO, RPC.

* * * * * * *
121.975 MHz..................... F.................. MA, FAW, FAC, MOU.. Air traffic control operations.
122.000 MHz..................... F.................. MA, FAC, MOU....... Air carrier and private aircraft
enroute flight advisory service
provided by FAA.
122.025 MHz..................... F.................. MA, FAC, MOU....... Air traffic control operations.
122.050 MHz..................... F.................. MA, FAC, MOU....... Air traffic control operations.
122.075 MHz..................... F.................. MA, FAW, FAC, MOU.. Air traffic control operations.
122.100 MHz..................... F, O............... MA, FAC, MOU....... Air traffic control operations.
122.125-122.675 MHz............. F.................. MA, FAC, MOU....... Air traffic control operations; 25
kHz spacing.

* * * * * * *
122.725 MHz..................... G, L............... MA, FAU, MOU....... Unicom at airports with no control
tower; Aeronautical utility
stations.

* * * * * * *
122.950 MHz..................... G, L............... MA, FAU, MOU....... Unicom at airports with no control
tower; Aeronautical utility
stations.
122.975 MHz..................... G, L............... MA, FAU, MOU....... Unicom at airports with no control
tower; Aeronautical utility
stations.

* * * * * * *
123.050 MHz..................... G, L............... MA, FAU, MOU....... Unicom at airports with no control
tower; Aeronautical utility
stations.
123.075 MHz..................... G, L............... MA, FAU, MOU....... Unicom at airports with no control
tower; Aeronautical utility
stations.

* * * * * * *
123.6-128.8 MHz................. O.................. MA, FAC, FAW, GCO, 25 kHz channel spacing.
RCO, RPC.

* * * * * * *
132.025-135.975 MHz............. O.................. MA, FAC, FAW, GCO, 25 kHz channel spacing.
RCO, RPC.

[[Page 32884]]

136.000-136.400 MHz............. O, S............... MA, FAC, FAW, GCO, Air traffic control operations; 25
RCO, RPC. kHz channel spacing.
136.425 MHz..................... O, S............... MA, FAC, FAW, GCO, Air traffic control operations.
RCO, RPC.
136.450 MHz..................... O, S............... MA, FAC, FAW, GCO, Air traffic control operations.
RCO, RPC.
136.475 MHz..................... O, S............... MA, FAC, FAW, GCO, Air traffic control operations.
RCO, RPC.

* * * * * * *
143.750 MHz..................... ................... ................... [Reserved].
143.900 MHz..................... ................... ................... [Reserved].
148.150 MHz..................... ................... ................... [Reserved].

* * * * * * *
406.0-406.1 MHz................. F, G, H, I, J, K, MA, FAU, FAE, FAT, Emergency and distress.
M, O. FAS, FAC, FAM, FAP.
960-1215 MHz.................... F, Q............... MA, RL, RNV........ Electronic aids to air navigation.

* * * * * * *
1559-1610 MHz................... Q.................. DGP................ Differential GPS.
1559-1626.5 MHz................. F, Q............... MA, RL............. Aeronautical radionavigation.

* * * * * * *
2700-2900 MHz................... Q.................. RLS, RLD........... Airport surveillance and weather
radar.

* * * * * * *
9000-9200 MHz................... Q.................. RLS, RLD........... Land-based radar.

* * * * * * *
----------------------------------------------------------------------------------------------------------------

0
20. Section 87.187 is amended by revising paragraphs (m) and (q) and
adding a new paragraph (ee) to read as follows:

Sec. 87.187 Frequencies.

* * * * *
(m) The frequency 406.0-406.1 MHz is an emergency and distress
frequency available for use by emergency locator transmitters. Use of
this frequency must be limited to transmission of distress and safety
communications.
* * * * *
(q)(1) The frequencies in the bands 1545.000-1559.000 MHz,
1610.000-1626.500 MHz, 1646.500-1660.500 MHz, and 5000.000-5150.000 MHz
are authorized for use by the Aeronautical Mobile-Satellite (R)
Service. The use of the bands 1544.000-1545.000 MHz (space-to-Earth)
and 1645.500-1646.500 MHz (Earth-to-space) by the Mobile-Satellite
Service is limited to distress and safety operations. In the frequency
bands 1549.500-1558.500 MHz, 1610.000-1626.500 MHz 1651.000-1660.000
MHz, and 5000.000-5150.000 MHz, the Aeronautical Mobile-Satellite (R)
requirements that cannot be accommodated in the 1545.000-1549.5000 MHz,
1558.500-1559.000 MHz, 1646.500-1651.000 MHz, and 1660.000-1660.500 MHz
bands shall have priority access with real-time preemptive capability
for communications in the Mobile-Satellite Service. Systems not
interoperable with the Aeronautical Mobile-Satellite (R) Service shall
operate on a secondary basis. Account shall be taken of the priority of
safety-related communications in the Mobile-Satellite Service.
(2) In the frequency bands 1549.5-1558.5 MHz, 1610-1626.5 MHz,
1651-1660 MHz and 5000-5150 MHz, the Aeronautical-Mobile-Satellite
(Route) Service requirements that cannot be accommodated in the 1545-
1549.5 MHz, 1558.5-1559 MHz, 1646.5-1651 MHz and 1660-1660.5 MHz bands
shall have priority access with real-time preemptive capability for
communications in the mobile satellite service. Systems not
interoperable with the Aeronautical Mobile-Satellite (Route) Service
shall operate on a secondary basis. Account shall be taken of the
priority of safety-related communications in the mobile-satellite
service.
* * * * *
(ee) The frequency 121.95 MHz is authorized for air-to-ground and
air-to-air communications for aircraft up to 13000 feet above mean sea
level (AMSL) within the area bounded by the following coordinates (all
coordinates are referenced to North American Datum 1983 (NAD83)):

32-35-00 N. Lat.; 117-12-00 W. Long.
32-42-00 N. Lat.; 116-56-00 W. Long.
32-41-00 N. Lat.; 116-41-00 W. Long.
32-35-00 N. Lat.; 116-38-00 W. Long.
32-31-00 N. Lat.; 117-11-00 W. Long.

0
21. Section 87.189 is amended by revising paragraph (c) to read as
follows:

Sec. 87.189 Requirements for public correspondence equipment and
operations.

* * * * *
(c) A continuous watch must be maintained on the frequencies used
for safety and regularity of flight while public correspondence
communications are being handled. For aircraft earth stations, this
requirement is satisfied by compliance with the priority and preemptive
access requirements of Sec. 87.187(q).
* * * * *

0
22. Section 87.195 is amended by revising paragraph (a) to read as
follows:

Sec. 87.195 Frequencies.

(a) ELTs transmit on the frequency 121.500 MHz, using A3E, A3X or
NON

[[Page 32885]]

emission. ELTs that transmit on the frequency 406.0-406.1 MHz use G1D
emission.
* * * * *

0
23. Section 87.199 is revised to read as follows:

Sec. 87.199 Special requirements for 406.0-406.1 MHz ELTs.

(a) Except for the spurious emission limits specified in Sec.
87.139(h), 406.0-406.1 MHz ELTs must meet all the technical and
performance standards contained in the Radio Technical Commission for
Aeronautics document titled ``Minimum Operational Performance Standards
406 MHz Emergency Locator Transmitters (ELT)'' Document No. RTCA/DO-204
dated September 29, 1989. This RTCA document is incorporated by
reference in accordance with 5 U.S.C. 552(a), and 1 CFR part 51. Copies
of the document are available and may be obtained from the Radio
Technical Commission of Aeronautics, One McPherson Square, 1425 K
Street NW., Washington, DC 20005. The document is available for
inspection at Commission headquarters at 445 12th Street, SW.,
Washington, DC 20554. Copies may also be inspected at the Office of the
Federal Register, 800 North Capital Street NW., suite 700, Washington,
DC.
(b) The 406.0-406.1 MHz ELT must contain as an integral part a
homing beacon operating only on 121.500 MHz that meets all the
requirements described in the RTCA Recommended Standards document
described in paragraph (a) of this section. The 121.500 MHz homing
beacon must have a continuous duty cycle that may be interrupted during
the transmission of the 406.0-406.1 MHz signal only.
(c) Prior to verification of a 406.0-406.1 MHz ELT, the ELT must be
certified by a test facility recognized by one of the COSPAS/SARSAT
Partners that the equipment satisfies the design characteristics
associated with the COSPAS/SARSAT document COSPAS/SARSAT 406 MHz
Distress Beacon Type Approval Standard (C/S T.007). Additionally, an
independent test facility must certify that the ELT complies with the
electrical and environmental standards associated with the RTCA
Recommended Standards.
(d) The procedures for verification are contained in subpart J of
part 2 of this chapter.
(e) An identification code, issued by the National Oceanic and
Atmospheric Administration (NOAA), the United States Program Manager
for the 406.0-406.1 MHz COSPAS/SARSAT satellite system, must be
programmed in each ELT unit to establish a unique identification for
each ELT station. With each marketable ELT unit the manufacturer or
grantee must include a postage pre-paid registration card printed with
the ELT identification code addressed to: NOAA/SARSAT Beacon
Registration, E/SP3, Federal Building 4, Room 3320, 5200 Auth Road,
Suitland, MD 20746-4304. The registration card must request the owner's
name, address, telephone, type of aircraft, alternate emergency
contact, and other information as required by NOAA. The registration
card must also contain information regarding the availability to
register the ELT at NOAA's online Web-based registration database at:
http://www.beaconregistration.noaa.gov. Further, the following

statement must be included: ``WARNING `` Failure to register this ELT
with NOAA before installation could result in a monetary forfeiture
being issued to the owner.''
(f) To enhance protection of life and property, it is mandatory
that each 406.0-406.1 MHz ELT must be registered with NOAA before
installation and that information be kept up-to-date. In addition to
the identification plate or label requirements contained in Sec. Sec.
2.925 and 2.926 of this chapter, each 406.0-406.1 MHz ELT must be
provided on the outside with a clearly discernable permanent plate or
label containing the following statement: ``The owner of this 406.0-
406.1 MHz ELT must register the NOAA identification code contained on
this label with the National Oceanic and Atmospheric Administration
(NOAA), whose address is: NOAA/SARSAT Beacon Registration, E/SP3,
Federal Building 4, Room 3320, 5200 Auth Road, Suitland, MD 20746-
4304.'' Aircraft owners shall advise NOAA in writing upon change of
aircraft or ELT ownership, or any other change in registration
information. Fleet operators must notify NOAA upon transfer of ELT to
another aircraft outside of the owner's control, or an other change in
registration information. NOAA will provide registrants with proof of
registration and change of registration postcards.
(g) For 406.0-406.1 MHz ELTs whose identification code can be
changed after manufacture, the identification code shown on the plant
or label must be easily replaceable using commonly available tools.

0
24. Section 87.215 is amended by redesignating paragraphs (c) and (d)
as paragraphs (f) and (g), adding new paragraphs (c), (d), and (e), and
by removing the Effective Date Note to read as follows:

Sec. 87.215 Supplemental eligibility.

* * * * *
(c) At an airport where only one unicom may be licensed,
eligibility for new unicom licenses is restricted to State or local
government entities, and to nongovernmental organizations (NGOs) that
are authorized to apply for the license by a State or local government
entity whose primary mission is the provision of public safety
services. All applications submitted by NGOs must be accompanied by a
new, written certification of support (for the NGO applicant to operate
the applied for station) by the state or local government entity.
Applications for a unicom license at the same airport, where only one
unicom may be licensed, that are filed by two or more applicants
meeting these eligibility criteria must be resolved through settlement
or technical amendment.
(d) At an airport where only one unicom may be licensed, the
license may be assigned or transferred only to an entity meeting the
requirements of paragraph (c) of this section.
(e) An applicant for renewal of a unicom license shall be granted a
presumptive renewal expectancy regardless of whether the applicant is
eligible for a new unicom license under paragraph (c) of this section.
Unless the renewal expectancy is defeated, applications that are
mutually exclusive with the renewal application will not be accepted.
The renewal expectancy may be defeated only upon a determination,
following a hearing duly designated on the basis of a petition to deny
or on the Commission's own motion, that the renewal applicant has not
provided substantial service. For purposes of this paragraph,
substantial service means service which is sound, favorable, and
substantially above a level of mediocre service during the applicant's
past license term. If the renewal expectancy is defeated, the renewal
application will be dismissed unless the renewal applicant is eligible
for a new unicom license pursuant to paragraph (c) of this section.
* * * * *

0
25. Section 87.217 is amended by revising paragraph (a) introductory
text to read as follows:

Sec. 87.217 Frequencies.

(a) Only one unicom frequency will be assigned at any one airport.
Applicants must request a particular frequency, which will be taken
into consideration when the assignment is made. The frequencies
assignable to unicoms are:
* * * * *

[[Page 32886]]

0
26. Section 87.421 is amended by revising paragraph (c) to read as
follows:

Sec. 87.421 Frequencies.

* * * * *
(c) Frequencies in the band 121.600-121.925 MHz are available to
control towers and RCOs for general air traffic control communications.
The antenna heights shall be restricted to the minimum necessary to
achieve the required coverage. Channel spacing is 25 kHz.
* * * * *

0
27. Section 87.475 is amended by revising paragraphs (b)(2) and (c)(2)
introductory text to read as follows:

Sec. 87.475 Frequencies.

* * * * *
(b) * * *
(2) Radiobeacon stations enable an aircraft station to determine
bearing or direction in relation to the radiobeacon station.
Radiobeacons operate in the bands 190-285 kHz; 325-435 kHz; 510-525
kHz; and 525-535 kHz. Radiobeacons may be authorized, primarily for
off-shore use, in the band 525-535 kHz on a non-interference basis to
travelers information stations.
* * * * *
(c) * * *
(2) The frequencies available for assignment to radionavigation
land test stations for the testing of airborne receiving equipment are
108.000 and 108.050 MHz for VHF omni-range; 108.100 and 108.150 MHz for
localizer; 334.550 and 334.700 MHz for glide slope; 978 and 979 MHz (X
channel)/1104 MHz (Y channel) for DME; 1030 MHz for air traffic control
radar beacon transponders; 1090 MHz for Traffic Alert and Collision
Avoidance Systems (TCAS); and 5031.0 MHz for microwave landing systems.
Additionally, the frequencies in paragraph (b) of this section may be
assigned to radionavigation land test stations after coordination with
the FAA. The following conditions apply:
* * * * *

Subpart R--[Removed and Reserved]

0
28. Remove and reserve subpart R.

0
29. Section 87.529 is revised to read as follows:

Sec. 87.529 Frequencies.

Prior to submitting an application, each applicant must notify the
applicable FAA Regional Frequency Management Office. Each application
must be accompanied by a statement showing the name of the FAA Regional
Office and date notified. The Commission will assign the frequency.
Normally, frequencies available for air traffic control operations set
forth in Subpart E will be assigned to an AWOS, ASOS, or to an ATIS.
When a licensee has entered into an agreement with the FAA to operate
the same station as both an AWOS and as an ATIS, or as an ASOS and an
ATIS, the same frequency will be used in both modes of operation.

PART 95--PERSONAL RADIO SERVICES

0
30. The authority citation for part 95 continues to read as follows:

Authority: Sections 4, 303, 48 Stat. 1066, 1082, as amended; 47
U.S.C. 154, 303.

0
31. Section 95.655 is amended by revising paragraph (a) to read as
follows:

Sec. 95.655 Frequency capability.

(a) No transmitter will be certificated for use in the CB service
if it is equipped with a frequency capability not listed in Sec.
95.625, and no transmitter will be certificated for use in the GMRS if
it is equipped with a frequency capability not listed in Sec. 95.621,
unless such transmitter is also certificated for use in another radio
service for which the frequency is authorized and for which
certification is also required. (Transmitters with frequency capability
for the Amateur Radio Services and Military Affiliate Radio System will
not be certificated.)
* * * * *
[FR Doc. 04-13323 Filed 6-10-04; 8:45 am]

BILLING CODE 6712-01-P