[Federal Register Volume 63, Number 195 (Thursday, October 8, 1998)]
[Notices]
[Pages 54136-54138]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-27188]


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FEDERAL COMMUNICATIONS COMMISSION

[DA-98-1984]


Extended Frequency Capability for Aeronautical Transceivers

AGENCY: Federal Communications Commission.

ACTION: Notice; seeking comment.

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SUMMARY: Commission staff seeks comment on a request for waiver to 
permit type-acceptance of aeronautical transceivers with transmit 
capability above the aeronautical radio band.

DATES: Comments are due on or before October 15, 1998; reply comments 
are due on or before October 26, 1998.

ADDRESSES: Parties should file the original comments and reply comments 
with Magalie Roman Salas Secretary, Federal Communications Commission, 
1919 M Street, NW, Room 222, Washington, D.C. 20554. Copies of each 
filing must be sent to International Transcription Services, Inc. 
(ITS), 1231 20th Street, NW, Washington, D.C. 20036; Michael J. 
Wilhelm, Attorney-Advisor, Federal Communications Commission, Wireless 
Telecommunications Bureau, Public Safety and Private Wireless Division, 
2025 M Street, NW, Room 837, Washington, D.C. 20554 (or via e-mail to 
[email protected]); and to Rockwell-Collins, Inc., 1300 Wilson 
Boulevard, Suite 200, Arlington, Virginia, 22209. The full text of the 
waiver requests, comments and reply comments will be available for 
public inspection and duplication during regular business hours in the 
Public Safety and Private Wireless Division of the Wireless 
Telecommunications Bureau, Federal Communications Commission, 2025 M 
Street, NW, Room 8010, Washington, DC 20554. Copies may also be 
obtained from ITS, 1231 20th Street, NW, Washington, D.C. 20036, (202) 
857-3800.

FOR FURTHER INFORMATION CONTACT: Michael J. Wilhelm, Policy and Rules 
Branch, Public Safety and Private Wireless Division, Wireless 
Telecommunications Bureau at (202) 418-0860 or by e-mail to 
[email protected].

SUPPLEMENTARY INFORMATION: This public notice was released September 
29, 1998.
    We have before us a request for waiver of Sec. 87.173 of the 
Commission's Rules 1 tendered by Rockwell-Collins, Inc. 
(Rockwell) on July 8, 1998 (Rockwell Waiver Request). Rockwell seeks to 
amend the type acceptance authorizations for two of its VHF aviation 
transceivers by extending the upper limit of the transceivers' transmit 
range to 152 MHz. This frequency falls above the 136.975 MHz upper 
limit of the VHF aviation band as specified in the Commission's 
Rules,2 thus necessitating a waiver if the type
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    \1\ Rockwell has also requested waiver of Sec. 2.106 of the 
Commission's Rules.
    \2\ The frequencies from 108 MHz to 117.95 are used for land-
based navigation aids and aircraft may not transmit on these 
frequencies. Thus, the Commission's rules provide for aviation 
transceiver transmit capability only over the range 118 MHz to 
136.975 (nominally, 137) MHz. See Secs. 87.173 (b), 87.475 (b) (4), 
(5) of the Commission's Rules. The United States assignments 
correspond to those recognized internationally by the International 
Civil Aviation Organization (ICAO) See International Standards and 
Recommended Practices, Aeronautical Telecommunications, Annex 10 to 
the Convention on International Civil Aviation, Table 4-1, 
International Civil Aviation Organization, Montreal, 1997. When the 
ICAO adopts an International Standard and Recommended Practice it is 
binding on the contracting countries. See Amendment of Part 87 of 
the Commission's Rules to Establish Technical Standards and 
Licensing Procedures for Aircraft Earth Stations, Report and Order, 
PR Docket No. 90-315, 7 FCC Rcd 5895, 5896 n.12 (1992). In the 
United States, aviation channels are spaced 25 kHz apart. See 
Secs. 87.173(b), 87.137(a) of the Commission's Rules. However, many 
European countries are implementing a channel plan employing 8.33 
kHz channel spacing in order to derive more channels for air traffic 
control use. See Plan for the 8.33 kHz Channel Spacing 
Implementation in Europe, Edition 2.0, European Civil Aviation 
Conference, Dec. 2, 1996, at 2. Rockwell has received a waiver of 
the rules to permit type acceptance of certain models of its 
aviation transceivers which employ 8.33 kHz channel spacing for use 
in Europe. See Rockwell Collins, Inc. Request for Waiver of 
Sec. 87.173 of the Commission's Rules Governing Assignable Carrier 
Frequencies in the Aviation Services, DA 98-2753, Order, 13 FCC Rcd 
2954 (1998). Rockwell received type acceptance for its models: VHF-
700B (type acceptance no. AJKPN822-1044); 618M-5 (type acceptance 
no. AJK8221046); VHF 900B (type acceptance no. AJKPN822-1047) and 
VHF-21C, -22C, -422C (type acceptance no. AJL8221116). The instant 
waiver request seeks to ``reincorporate'' the extended frequency 
range in Model 618M-5 and in Model VHF-21D, -22D and 422D. The VHF -
21D -22D -422D models would differ from the VHF-21C, -22C, -422C 
models only with respect to the extended frequency range sought for 
the ``D'' versions. See Rockwell Waiver Request at 1, n.2. Other 
manufacturers have received similar waivers or have requests for 
waiver pending. See, e.g., Honeywell, Inc. Commercial Flight Systems 
Group, Request for Waiver of Sec. 87.173(b) of the Commission's 
Rules Governing Assignable Carrier Frequencies in the Aviation 
Services, DA 98-1176, Order (rel. June 17, 1998).

[[Page 54137]]



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             Frequency band                 United States allocations
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137-138 MHz............................  Space operation (space to
                                          earth); meteorological
                                          satellite (space to earth);
                                          space research (space to
                                          earth) mobile satellite (space
                                          to earth).
138-144 MHz............................  Government fixed and mobile.4
144-148 MHz............................  Amateur, Amateur satellite.
148-149.9 MHz..........................  Mobile Satellite (earth to
                                          space) [Government fixed,
                                          mobile and mobile satellite
                                          (earth to space)]
149.9-150.05 MHz.......................  Radionavigation satellite; Land
                                          Mobile Satellite (earth to
                                          space).
150.05-150.8 MHz.......................  Government fixed and mobile.5
150.8-152 MHz..........................  Fixed and land mobile.
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acceptance authorizations are to be amended as Rockwell requests. The 
Rockwell extended frequency transceivers, if type accepted, would be 
capable of transmitting in the VHF aviation band and in the following 
bands which fall immediately above the aviation band.3
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    \3\ See Sec. 2.106 of the Commission's Rules.
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    Thus, over 4 the frequency 5 range 137-152 
MHz, the only authorized domestic aeronautical mobile allocations are 
the three Civil Air Patrol frequencies listed in note 4 supra. However, 
Rockwell submits that there are significant numbers of aeronautical 
mobile operations conducted on military air traffic control facilities 
in the 138-144 MHz, 148-149.9 MHz and 150.05-150.8 MHz bands supra 
which are allocated to government fixed and mobile use. Rockwell also 
contends that certain civil aircraft have occasion to use such 
frequencies.6 As an example of aeronautical use of the three 
government bands supra, Rockwell lists a sampling of military 
frequencies currently in use at specific locations in the United States 
and abroad. With a single exception, the frequencies listed by Rockwell 
fall in the 138-144 MHz, 148-149.9 MHz and 150.05-150.8 MHz government 
bands.7
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    \4\ The frequencies 143.75 MHz, 143.90 MHz and 148.15 MHz may be 
authorized to Civil Air Patrol land and mobile stations. See 
Sec. 2.106 n. US10 of the Commission's Rules. In the band 138-144 
MHz, fixed and mobile services are limited primarily to operations 
by the military services. See id. at n. G30. The international table 
of frequency allocations lists aeronautical mobile operations as a 
permissible use in the frequency band 138-144 MHz in International 
Telecommunications Union (ITU) Region 1. ITU Region 1 encompasses, 
generally, Europe, Asia and Africa. See Sec. 2.104 of the 
Commission's Rules.
    \5\ In the band 150.05-150.8 MHz, fixed and mobile services are 
limited primarily to operations by the military services. See 
Sec. 2.106 n. G30 of the Commission's Rules.
    \6\ Rockwell describes the extended frequency range transceivers 
as necessary for aircraft that ``fly in both civil and military 
airspace and under both civil and military jurisdictions.'' It 
describes these aircraft as ``dual use,'' including military 
aircraft used to transport heads of state or other ``very important 
persons'' and aircraft in the Civil Reserve Air Fleet that, in 
emergency conditions, serve a military transport role. See Rockwell 
Waiver Request at 2, 5 citing USAF Fact Sheet, Civil Reserve Air 
Fleet, <http://www.af.mil/news/factsheets/
Civil__Reserve__Air__Fleet.html>, August, 1997.
    \7\ Rockwell lists one frequency outside the three government 
bands supra, namely 137.02 MHz in use as an approach control and 
departure control frequency at a United States Air Force base in 
Lakenheath, England. See Rockwell Waiver Request, Exhibit B, Royal 
Air Force En Route Supplement, British Isles and North Atlantic, pg. 
78. That frequency, if actually in use, falls in a band reserved 
domestically for satellite communications and which is designated, 
internationally, for satellite and mobile use with a specific 
restriction against aeronautical mobile use. See Sec. 2.106 of the 
Commission's Rules. In any comments that Rockwell or others may 
submit in response to this Public Notice, it would be useful to have 
information on whether the use of 137.02 MHz supra for aeronautical 
mobile purposes is an anomaly or whether there are other instances 
of aeronautical mobile use of frequencies in the band 137 MHz to 138 
MHz.
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    Rockwell supports its waiver request with letters from various 
military and civilian entities whose aircraft have a need to 
communicate both with civil aviation facilities in the 108-137 MHz 
aviation band and with military air traffic control facilities 
operating on frequencies in the 138-144 MHz, 148-149.9 MHz and 150.05-
150.8 MHz bands. However, although Rockwell seeks type acceptance of 
transceivers which can transmit throughout their entire proposed 118 
MHz-152 MHz extended frequency range, it has not demonstrated a need 
for these transceivers to have transmit capability on frequencies not 
used for aeronautical communications, namely: (a) the 137-138 MHz band, 
allocated to satellite communications and space research; (b) the 144-
148 MHz amateur band, (c) the 149.9-150.05 MHz band allocated to 
satellite radionavigation and land mobile satellite communications; and 
(d) the 150.8-152 MHz band allocated for fixed and land mobile use. The 
Commission therefore seeks comment from users of these bands and other 
interested parties concerning whether Rockwell's extended frequency 
range transceivers, with transmission capability in bands (a)-(d) 
supra, would pose the threat of harmful interference to space research, 
satellite communications, radionavigation and amateur radio operations.
    Interested parties may file comments on Rockwell's waiver request 
on or before October 15, 1998. Parties interested in filing reply 
comments must do so on or before October 26, 1998. All comments and 
reply comments should reference Rockwell's waiver request, with the 
designated DA number, and should be filed with the Office of the 
Secretary, Federal Communications Commission, 1919 M Street, NW, Room 
222, Washington, DC 20554. A copy of each filing should be sent to: 
International Transcription Services (ITS), the Commission's 
duplication contractor, 1231 20th Street, NW, Washington, DC 20036; 
Michael J. Wilhelm, Federal Communications Commission, Wireless 
Telecommunications Bureau, Public Safety and Private Wireless Division, 
2025 M Street, NW, Room 8010, Washington, DC 20554, or by e-mail to 
[email protected]; and Rockwell-Collins, Inc., 1300 Wilson Boulevard, 
Arlington, VA 22209.
    The full text of the Rockwell Waiver Request and related comments 
and reply comments will be available for inspection and duplication 
during regular business hours in the Public Safety and Private Wireless 
Division of the Wireless Telecommunications Bureau, Federal 
Communications Commission, 2025 M Street, NW, Room 8010, Washington, DC 
20554. Copies also may be obtained from ITS, (202) 857-3800.
    Because disposition of the Rockwell waiver request may affect other 
parties, e.g. users of the non-aeronautical frequencies supra and other 
manufacturers of aircraft radio equipment, we find that it would be in 
the public interest to treat this matter as a ``permit but disclose'' 
proceeding in accordance with the Commission's ex parte rules. See 
Sec. 1.1206 of the Commission's rules. Therefore, any ex parte 
communications that are made with respect to the issues herein will be 
permissible, but must be disclosed in accordance with Sec. 1.1206(b) of 
the

[[Page 54138]]

Commission's rules. Parties making oral presentations are reminded that 
a memorandum summarizing the substance of the presentation must be 
filed, in duplicate, with the Commission's Secretary no later than one 
business day after the presentation. Id.
    For further information, contact Michael J. Wilhelm of the Policy 
and Rules Branch, Public Safety and Private Wireless Division, Wireless 
Telecommunications Bureau, at (202) 418-0680 or via e-mail to 
[email protected].
D'wana R. Terry,
Chief, Public Safety and Private Wireless Division.
[FR Doc. 98-27188 Filed 10-7-98; 8:45 am]
BILLING CODE 6712-01-P